De pignoribus et hypothecis theses

or at least it is found to be among his goods.

XL.
Things are seen to be in our goods whenever we have the action while possessing, or the exception while losing.

XLI.
Nor does it matter whether those things are corporeal or incorporeal.

XLII.
I call incorporeal things cautions or debts, to which are joined servitudes partly owed to the person, such as usufruct right to use and profit from another's property, etc., and partly to a rustic estate, such as a right of way or an aqueduct (with urban estates merely excepted), which rightly receive the obligation of a pledge under the protection of the Praetor.

XLIII.
Conversely, things are not obligated if they reject the bond by their own nature, such as sacred or religious things, things of a community, or a free man. Others are not obligated due to the prohibition of the law, such as dotal land, litigious things, things of minors, or instruments pertaining to agriculture. Finally, others are not obligated because they were not suitably placed, namely by purely obligating another's thing.

XLIIII.
To every valid obligation, whether natural and civil simultaneously, only civil, or only natural; whether pure, for a day, or conceived under a condition; or arising from a contract or quasi-contract, from a delict or quasi-delict, in one's own name or another's; a pledge can rightly be added.

XLV.
For this reason, if the principal obligation does not exist from the beginning,