Latin
Lines 1.464-1.474
Roman Law and Society, Institutes of Justinian 1.464-474
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Certain things, again, are corporeal, others incorporeal.
1. Corporeal things are those which are by their nature tangible, as land, a slave, a garment, gold, silver, and other things innumerable.
2. Incorporeal things are those which are not tangible, such as are those which consist of a right, as an inheritance, a usufructus, usus, or obligations in whatever way contracted. Nor does it make any difference that things corporeal are contained in an inheritance; fruits, gathered by the usufructuary, are corporeal; and that which is due to us by virtue of an obligation, is generally a corporeal thing, as a field, a slave, or money; while the right of inheritance, the right of usufructus, and the right of obligation, are incorporeal.
3. Among things incorporeal are the rights over estates, urban and rural, which are also called servitutiones.
III. Servitutiones.
The servitutiones of rural immovables are, the right of passage, the right of passage for beasts or vehicles, the right of way, the right of passage for water. The right of passage is the right of going or passing for a man, not of driving beasts or vehicles. The right of passage for beasts or vehicles is the right of driving beasts or vehicles over the land of another. So a man who has the right of passage simply has not the right of passage for beasts or vehicles; but if he has the latter right he has the former, and he may use the right of passing without having any beasts with him. The right of way is the right of going, of driving beasts or vehicles, and of walking; for the right of way includes the right of passage, and the right of passage for beasts or vehicles. The right of passage for water is the right of conducting water through the land of another.