2.1.11 to 2.1.18

(9) Again, things which are subject to divine right are not included among the possessions of any individual; that is to say, things which are subject to human right are, for the most part, included in the property of someone, they may, however, belong to no one; for an estate before any heir appears is without an owner, as a rule. (10) Things subject to human right are either public or private. (11) Things which are public are considered to be the property of no individual, for they are held to belong to the people at large; things which are private are the property of individuals. (12) Moreover, some things are corporeal and others are incorporeal. (13) Corporeal things are those that can be touched, as, for instance, land, a slave, clothing, gold, silver, and innumerable other objects. (14) Incorporeal things are such as are not tangible, and are those consisting merely of rights, as, for instance, inheritances, usufructs, and obligations, no matter in what way the latter may have been contracted. For while corporeal things are included in an estate, and the crops gathered from land are corporeal, and what is due to us under the terms of some obligation is, for the most part, of a corporeal character, for example, land, slaves, money; still, the right of succession, the right of use and enjoyment, and the right of obligation, are incorporeal. To the same class belong rights attaching to urban and rustic estates, which are also called servitudes. Among these are the right to raise a building higher and obstruct the lights of a neighbor; the right to prevent a building from being raised, so that the lights of a neighbor may not be obstructed; the right to the use of streams, and to have rainwater fall upon the premises of another. . . . [1] (14a) Things are either susceptible, or not susceptible of mancipation by sale. [2] Those susceptible of sale by mancipation are lands and houses in Italy, slaves, domestic animals and rustic servitudes; but servitudes attached to urban estates are not thus subject to sale.