王名扬法国行政法第8卷.docVIP

THE DIGEST OR PANDECTS. BOOK VIII. TITLE I. CONCERNING SERVITUDES. 1. Marcianus, Rules, Book HI. Servitudes are either personal, as use and usufruct; or real, as the servitudes of rustic and urban estates. 2. Ulpianus, On the Edict, Book XVII. One of the owners of a house held in common cannot impose a servitude upon it. 3. Paulus, On the Edict, Book XXI. Some servitudes are attached to the soil, others to the surface. 4. Papinianus, Questions, Book VII. Servitudes cannot be created by direct law from a certain time, or until a certain time, or under a condition, or on a certain contingency; (for example, as long as I wish,) nevertheless, if such provisions as these are added, and a party brings suit for the recovery of the servitude, in violation of the terms of the contract, an exception may be interposed on the ground that the claim is contrary to what had been agreed upon, or for fraud, and this Cassius states was the opinion of Sabinus in which he himself concurred. (1) It is established that limitations can be added to servitudes; as, for instance, with reference to what kind of transactions shall be permitted, or shall not be permitted upon a roadway, as, for instance, that it must only be traversed by a horse, or that only a certain weight shall be transported, or such-and-such a flock shall be driven over it, or that charcoal shall be carried. (2) Where intervals of a certain number of days and hours are mentioned, this does not relate to the question of time, but only to the manner in which a servitude created in accordance with law shall be enjoyed. 5. Gaius, On the Provincial Edict, Book VII. Servitudes granted for a driveway, a pathway, the passage of cattle, and the conduct of water, are created in almost the same manner as those in which we have stated that usufruct is created. (1) The enjoyment of servitudes may be limited with reference to time; for example, where a party may make use of the servitude from the third until the tenth hour, or on alter