De pignoribus et hypothecis theses

XXVII.
Under this special hypotheca mortgage, there are also included those things which are added by consequence of the pledged thing, provided that the accessories cohere by operation of law or by nature, and have not been separated in either way.

XXVIII.
With the definition of a pledge or hypotheca and its division with the competent qualities having been explained, we must now proceed in the proper order to reveal: first, to whom the right of constituting a pledge corresponds; then, what things may fall into the bond of such an obligation; thirdly and lastly, what actions have been introduced on both sides for claiming a pledge.

XXIX.
A pignus pledge is not introduced by anyone at will and on any thing, but it is necessary that things be bound by suitable persons and in a suitable manner, and that they do not reject the bond by their own nature, by operation of law, or by statute.

XXX.
We consider as suitable that person in or from whose goods the thing to be given in pledge is found at the time of the agreement, and thus in whom the power of alienating resides by operation of law: whether he is the true owner, as a proprietor; or quasi-owner, as an emphyteuta long-term leaseholder or a superficiarius holder of building rights on another's land; or whether he has only a right in the thing, as a creditor.

XXXI.
The administrator of the Republic (to whom the administration of goods has been permitted generally or specially by the entire people or the Senate representing the people) rightly subjects the things of the city to a pledge for the benefit of the community.

XXXII.
The tutor of a ward and the curator of an adult usefully give as a pledge things that cannot be preserved.

XXXIII.