De pignoribus et hypothecis theses

or is weakened after the fact, the accessory pledge will also collapse.

XLVI.
Furthermore, it is clear from the above that two advantages flow to the creditor himself from the right of pledge. First, that he may rely upon the pledged thing until the debt has been fully paid. Second, that he may sell it if the debtor delays payment on his day without cause. But let us deal with this another time and focus now on the former.

XLVII.
Therefore, the creditor detains the pledged thing, but does not possess it.

XLVIII.
Finally, in order for the creditor to obtain the pledged thing, he may rely on two remedies: by excepting and by acting; by the first, the possessor of the pledge defends himself, by the latter, he obtains possession.

XLIX.
The consideration of this action is indeed entered into in two ways: one is called the Serviana Servian action, the other quasi-Serviana or Hypothecary.

L.
The former competes directly for the lessor acting for things knowingly brought and introduced into a rustic estate, and usefully for the master of the land, even unknowingly, into an urban [estate], for the rent and deterioration of the thing tacitly obligated to him, both against the tenant farmer and the lodger, or any other extraneous possessor.

LI.
The latter is granted to any creditor against all holding a thing expressly or tacitly obligated, for the sake of reclaiming and retaining the naked possession, until the debt has been fully satisfied.