Conclusiones ex tit. D. de rei vindicatione

Vindicari to be claimed by legal action actione by action tamen vel confessoria admitting a servitude vel negatoria denying a servitude possit can be done.
31. Furthermore, we can even claim by action things that are not subject to our ownership, and cannot be, provided that the cause is added.
32. Hence, although a father does not hold his children in ownership, just as a husband does not his wife, yet he can claim his children with the cause added—namely by Roman law or the law of the Quirites The ancient citizens of Rome—and the husband can claim his wife by the right of the husband, insofar as any of these are withdrawn from the authority of others.
33. In the same way, sacred places, although they are not in ownership and therefore can rightly neither be sought nor claimed, yet if anyone occupies them, they can be claimed if the cause is added, because they are dedicated to the Church.
34. Nor are individual things the only objects of this; things that consist of many heads or parts, even if they are not all ours, can be claimed by us, as is the case with a flock.
35. Although the individual heads of the flock are not mine, if the greater number of them is mine, I rightly claim the flock.
36. Likewise, we claim a house and a ship, and other similar things which consist of coherent parts, even if the individual planks or individual parts are not ours.
37. Yet a difference not to be neglected exists between bodies that consist of distant parts and those that consist of coherent parts.
38. For in the former, if any one thing is mine, such as one sheep in a flock, I can claim it; in the latter, this is not the case, but one will be able to bring an action for exhibition an action to compel the production of a thing, insofar as separation can be made.
39. Although a beam belonging to another joined to a house can neither be claimed nor exhibited so that it may be claimed.
40. Clearly, if my thing, which I wish to claim, is joined with the thing of another, a claim is not admitted simply, but a distinction must be applied.

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