BOOK III. Pt. I. Ch. 1. a quamcumque rem, si scias eins etc. v. add.: emptionem esse. sicut ipsius fluminis. . . . Sed proprietas illorum est, quorum praediis haerent.-1. 5 pr., D. h. t.' Ulp. Loca publica utique privatorum usibus deserviunt, iure scilicet civitatis non quasi propria cuiusque.-D. 43, 8, 2, 2.2 : Papin. Si res non in usu publico sed in patrimonio fisci erit, venditio eius valebit.-D. 18, 1, 72, 1.3 Pomp.: Celsus ait, hominem librum scientem te emere non posse, nec cuiuscumque rei, si scias. alienationem (non) esse, ut sacra et religiosa loca aut quorum commercium non sit, ut publica, quae non in pecunia populi sed in publico usu habeantur, ut est campus Martius.—1. 6 pr. eod.* § 71. RES MOBILES-IMMOBILES. 'Res mobiles' are all movables, inclusive of things which are readily set in motion. Cels. Moventium item mobilium appellatione idem significamus, nisi tamen apparet defunctum animalia dumtaxat, quia se ipsa moverent, moventia vocasse.-1. 93, de V. S. 50, 16.5 1 The use of river-banks is public according to the i. g., as of the river itself.-But the ownership therein belongs to them with whose lands it is in contact. The public places serve also for private use, that is, by virtue of the right of the State, not as though belonging properly to any one. If a thing be not public, but the property of the treasury, the sale thereof will be valid. 4 Cel. says you cannot knowingly purchase a freeman, nor anything whatever if you know it to be unsaleable; as sacred and religious places, or those which do not admit of being traded with, as public places which do not belong to the public purse but are regarded as put to public use, such as the Campus Martius. And further, by the designation moventia and mobilia we denote the same thing unless, however, it appear that the deceased spoke only of animals as moving by reason of their setting themselves in motion. 'Res immobiles' are ground and soil, and whatever is attached thereto. (Solum et res soli, i.e. solo cohaerentes.) (1) Special parts of the soil are: fundus' (praedium); 'ager' and 'area'; 'villa' and 'aedes.' Iavol. Fundus est omne quidquid solo tene- Ulp. Locus est non fundus, sed portio ali- Flor. Fundi appellatione omne aedificium et a 1 Fundus is everything whatsoever that is comprised by a Dirksen, s. v. ground. An ager exists if some kind of fundus be adapted to human use. 2 Locus is not a fundus, but a certain part of a fundus; whilst a fundus is some whole; and generally we understand by it a place without a country house. . . . It is not the great size ↳ Infra. Under the designation fundus is included every building and field; but by habit we call town-buildings aedes, country-buildings villae. But a place without a building is in the town called BOOK III. Pt. 1. Ch. 1, (2) Estates are divided, according to their agricultural purpose, into 'praedia rustica' and 'praedia urbana.' Ulp.: Urbana praedia omnia aedificia accipimus, non solum ea quae sunt in oppidis, sed et si forte stabula sunt vel alia meritoria in villis, . . . vel praetoria voluptati tantum deservientia, quia urbanum praedium non locus facit, sed materia. Proinde hortos quoque, si qui sunt in aedificiis constitui, dicendum est urbanorum appellatione contineri; plane si plurimum horti in reditu sunt, vinearii forte vel etiam olitorii, magis haec non sunt urbana.-I. 198 eod.' (3) Of special importance in the older Roman Law is the division of solum Italicum' and 'solum provinciale' (praedia stipendaria, tributaria), the latter of which was conceived of as property of the State, and to it the legal relations of the ius civile were not applicable. Gai. ii. § 7 In provinciali solo . . . dominium populi Romani est vel Caesaris, nos autem possessionem tantum et usumfructum habere videmur." Ibid. ii. § 21-provincialia praedia, quorum alia stipendiaria, alia tributaria vocamus: stipendiaria sunt ea, quae in his provinciis sunt, quae an area, but in the country an ager. And again, an ager with a building is called a fundus. 1 By town-houses we understand all buildings, not only those that are in towns, but it may be also stables or other quarters amongst homesteads, . . . or stately buildings serving alone for pleasure, because it is not the place, but the character, that makes an estate urban. Wherefore, if any gardens also are situated amongst buildings, we must state that they are comprised under the designation of things urban; certainly if gardens are for the most part in produce, vineyards it may be, or even kitchen gardens, these are rather not urban. 2 On provincial soil, the ownership belongs to the Roman people or to the Emperor, whilst we are considered to have only the possession and the enjoyment. propriae populi Romani esse intelliguntur; tribu- Inst. ii. 1, 40: Vocantur autem stipendaria et In respect of juristic treatment, no difference as a rule finds place in Roman Law between movables and immovables. § 72. SPECIES AND GENUS. THINGS REPRESENTABLE AND CONSUMABLE. Species' (certum corpus) is the thing marked off as individual; genus,' the thing as classified." (1) Things which in commerce regularly come into consideration only as a genus, i.e., according to quantity and quality, are called 'representable things, fungibles' and 'quantities.' Paul.: Mutui datio consistit in his rebus, quae pondere numero mensura consistunt [qualis est pecunia numerata vinum oleum frumentum aes argentum aurum], quoniam eorum datione possumus in creditum ire, quia in genere suo functionem recipiunt per solutionem, quam specie.-1. 2, § 1, D. de R. C. 12, 1, cf. Gai. iii. § 90.3 1 — provincial lands, some of which we call stipendiary, others tributary: stipendiary are those which are in such provinces as are understood to belong specially to the Roman people; tributary are those which are in such provinces as are considered to belong specially to the Emperor. 2 Now those lands are called stipendiary and tributary which are in the provinces; between these and Italian estates there is by our constitution no difference. The grant of a loan lies in such things as are reckoned by weight, number, measure [such as coin, wine, oil, corn, copper, silver, gold], since by the grant of such things we can originate a loan, because they admit of discharge by payment in their genus rather than by species. BOOK III. Pt. I. Ch. 1. a Cf. § 105. Ulp. Si legetur pecunia quae in arca est, vel vinum quod in apothecis est, . . . species legatur. -1. 30, § 6, D. de leg. i. 30.1 (2) To such belongs especially Money, as the general measure of value recognised and guaranteed by the State," and general medium of exchange or payment, as alone designed for this purpose. There was in Rome originally no coined money (pecunia signata forma publica populi Romani) but only marked bars of copper (aes rude, aes signatum), which first obtained in each individual case the character of money by its being publicly weighed under the guarantee of the State." Paul. Origo emendi vendendique a permutationibus coepit; olim enim non ita erat nummus, neque aliud merx aliud pretium vocabatur, sed unusquisque secundum necessitatem temporum ac rerum utilibus inutilia permutabat: quando plerumque evenit, ut quod alteri superest, alteri desit. Sed quia non semper nec facile concurrebat, ut, cum tu haberes quod ego desiderarem, invicem haberem quod tu accipere velles, electa materia est, cuius publica ac perpetua aestimatio difficultatibus permutationum aequalitate quantitatis subveniret: eaque materia forma publica percussa usum dominumque non tam ex substantia praebet, quam ex quantitate, nec ultra merx utrumque, sed alterum pretium vocatur.-D. 18, I, I pr. If money have been bequeathed which is in a chest, or wine which is in a cellar, it is a specific bequest. 2 The origin of buying and selling began with exchange; for there was formerly no coin, neither was one thing called merchandise, another price, but every one, according to the requirement of the times and of circumstances, exchanged things without use for those that had a use; since it generally happens that what one has in superfluity another lacks. But since it did not always nor readily happen that, when you had what I wanted, I on the other hand possessed what you |