Decreto et consensu amplissimi Facultatis Iuridicae Ordinis inclyta & celeberrima Basiliensium Academia, pro summo consequendo in Utroque Iure Gradu, Ad subsequentes ex tit. Codicis de Iure Emphyteutico Positiones

IX.
The form of establishing it consists primarily in the agreements of the contracting parties, contained in writing (as some maintain, although the contrary is more widely accepted); where these are lacking, interpretations of common law are made.

X.
Whether a certain amount must be provided for the "entry," as they call it, during the establishment of an Emphyteusis, is called into question by the learned doctors. However, the negative opinion is more common, to which I also subscribe.

XI.
Emphyteusis was once established for the purpose of improving uncultivated and barren fields through cultivation; from which it also received its name, as Emphyteusis would be derived from ἐμφυτεύειν emphytuein, which signifies to implant and to plant.

XII.
In a later age, however, there was some departure from that, and it was approved by usage that even fertile lands could be given in this way.

XIII.
Furthermore, this contract transfers absolutely every right, with all utilities and advantages, which the learned doctors call useful ownership; with the right of direct ownership, to speak with the doctors, being reserved.

XIV.
Hence, the tenant Emphyteuta the holder of an emphyteusis will not hesitate to ascribe the risk and damage of the thing to his own account, provided that it is a particular one. Nevertheless, in all these matters, the agreements of the contracting parties must be observed.

XV.
Whether, however, the tenant can cut down fruit-bearing trees, clear vineyards, etc., has been rightly doubted.
And if—