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I THE LAW OF THINGS 339

338 THE INSTITUTES [~ 08 till

law, entitle him to sue the disturber; he must address himself (il't'l I III"I. tI,l' ~Ll1(l admit any jura in re side by side with ownership except
to the lessor, so that the lat.ter may intervene to prevent UI(I , , \ 1I11I\(>f.:. It insisted that, on principle, ownership should be frce,
disturbance and, if necessary, take legal proceedings.I \I,d il I'onsequently dcclined to acknowledge jura in re otherwise
Thus the rights we acquire in respect of thc property of othcr!' I.y II, III i II I hc rcstricted form of servitudes. All the other jura in rc
, I, ' developed at a later period, the right of pledge (§ 72) and
means of obligatory transact:ons are but incomplete, because tht'ir
effect is merely personal. The need we arc here discussing ill IIl",dil'ics i§ 71) by the P!:.~~% emph.Yieusis (§ 70) by the legisla-
t herefore not adequately met by tranf)actions of this description. 1111 Iii' the later Empire.
There must be rights in respect of the property of others whieh 'I'll(' restrictions imp~sed upon servitudes in the interests of
enjoy a more effectual protection. PIIII" ,·,.,hip are twofold. In the first place, servitudes only confer
HI f hi ' )el,:,·o..~~~1 tit!~_sL~ertain specific and clearly defined rights
It was for t.he purpose of satisfying the need in question that Ultl
feat rights in re aliena were developed. The _ Ij~hts they confer in "I II "I'i thcy do not confer a right of possession, in the technical
respect of the thing are stron~', because they are absolute, i.... ," " (:t !ifIht, that is, to exclude everyone else from the thing),
they are rights which operate and a re enforceable as against any 1.,tI flllly a real right of enjoyment, that is, a right. to perform
third party (cp. p. 307). It is with t.hese rcal rights in re alil'lm, 1,"ll1l1hr a.cts or user in regard to the thing. In the sccond place,
which the Romans call' jura in re' simply, that we have to deal ill , ,\ 1I,"ll's are inalienable and non-transmissible, being- annexed to
the following sections. '1'he common 'characteristic, legally speakillg', , d,'li II i1c subject whose destruction entails the destruction or thc
of all these rights, and that which distinguishes them from OWlle l'- " ,It! , Servitudes may accordingly be defined as real rights of
II ,I (i, I'. of cnjoyment) in respect of a res aliena, limited in their
ship, is this, that the ljghts or control which they confer are limit!'11
in regard to their contents, althoug'h, like ownership, they :In' 1,01,,1'" ancl anncxed to a definite subject.
direct.ly oper~Ey~__as ag~I.!sLa~_ third ~ who interferes wi th '11 hl' subj cct of a servitude is determined in one of two different
them. In other respects the several jUl'a in re differ essentially '\. I n the case of a (personal' servitude, the subject is a
from one another in regard to the nature and extent of the contl'ol .I, IllId,1' person j in the case of a (real' or ' praedial' servitude, the
which they confer. 111,,1"1 ,1 i!-; determined by reference to a thiug, the owner for the
The jura in re developed in Roman law are comparatively few, 1'1111' h"ing of the land (praedium) being the person entitled to the
viz. (1) Servitudes i (2) Emphyteusis i (3) Superficies; (4) Pledgt'. , I \ d 1111\,.

I'PI' Old servitlldes are extinguished by the death of thc person


,"[lIll'd, ,0 that, at most, they are rights enjoyed for a life-timc.
\ 1111 ill Roman law capitis deminutio-in thc classical perioJ evcn
§ 69. Servitllde8.
'11'tl l t1 minutio minima (supra, p. 181)-has thc same effect as
'rhe oQi~~~~~ _~~rvitude is to enable a person other than UlI' d"tI I, . On the othcr hand, praedialscrvitudcs are not (in the
owner of a tl!ing to share in the benefits derivable f rom the use of II. "III'" of other reasons) extinguished till the land itsel£ is de-
that thing, while preserving the interests o£-tl;e- ~~~;';;; -~s fully :ItI 11""'11. Personal servitudes which, in respect of the rights they
possible~~~~ ~)\.:':I!~~p.jl?i~~a,i~j~9_~serve' (servit), i.e. it is curtai l!'II , ,0111 1:1'1' ~LI'C uniformly w-itl-er in scope than praedial servitudes, are all
it is not absolutely free) though, at the same time, its efTl·!'!. lito . 111111'\' restricted in )Joint of duration i praedial servitudes, on the
(economically speaking) is not done away with. On the contrary , "I It, I' hand, which may last for ever, are all the more decidedly
as against the servitude, ownership is the stronger right. Thc old " 11I1'It'd in respect of their contents.
civil law of the Romans very characteristically, therefore, rcfuscd (0 I, l'I'I'somLl Servitudes.
'1'111 ' 1I10st important pcr~onal scrvitudes arc: usnsfructus, usus,
.) The lessee, in Roman law, could only claim that the lessor should allow
hun to use the land (supra, pp. 308 and 331, n, 1). I, d,d.1I ill , operae servorum.
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