The Institutes of Justinian by Unknown
page 61 of 272 (22%)
page 61 of 272 (22%)
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said to be abandoned which its owner throws away with the
deliberate intention that it shall no longer be part of his property, and of which, consequently, he immediately ceases to be the owner. 48 It is otherwise with things which are thrown over- board during a storm, in order to lighten the ship; in the ownership of these things there is no change, because the reason for which they are thrown overboard is obviously not that the owner does not care to own them any longer, but that he and the ship besides may be more likely to escape the perils of the sea. Consequently any one who carries them off after they are washed on shore, or who picks them up at sea and keeps them, intending to make a profit thereby, commits a theft; for such things seem to be in much the same position as those which fall out of a carriage in motion unknown to their owners. TITLE II OF INCORPOREAL THINGS Some things again are corporeal, and others incorporeal. 1 Those are corporeal which in their own nature are tangible, such as land, slaves, clothing, gold, silver, and others innum- erable. 2 Things incorporeal are such as are intangible: rights, for instance, such as inheritance, usufruct, and obligations, however acquired. And it is no objection to this definition that an inheritance comprises things which are corporeal; for the fruits of land enjoyed by a usufructuary are corporeal too, and obligations generally relate to the conveyance of something cor- poreal, such as land, slaves, or money, and yet the right of succession, the right of usufruct, and the right existing in every |
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