# The Institutes of Gaius 2.1.32-41

Roman Law and Society, The Institutes of Gaius, 2.1.32 to 2.1.41. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/the-institutes-of-gaius/2.1.32

(26) If the property susceptible of alienation is neither sold nor transferred in court . . . . [1] (26a) In the provinces, however, no private property in land exists, nor is there any free citizenship. (27) Moreover, in this place we should note that where the property is merely attached to the soil of Italy, it is not attached to the soil of a province; for the term "attached" only applies where the property is mancipable, and land in a province is not saleable by mancipation. . . . [1] (28) It is clear that incorporeal property is not susceptible of delivery. (29) The rights of urban estates can only be transferred in court; those attached to rustic estates can also be sold. (30) Usufruct is only susceptible of transfer in court, for the the owner of property can transfer the usufruct of the same to another so that the latter may have the usufruct, and he himself retain the bare ownership. The usufructuary, by transferring his right to the owner of the property in court, causes himself to be divested of it, and the usufruct [1] Original manuscript illegible. to be merged in the ownership. Where, however, the right is transferred by him to another in court, it is, nevertheless, retained by the usufructuary, for such a transfer is held to be void. (31) These proceedings only relate to lands in Italy, for only such lands can be transferred by mancipation, or surrendered in court. On the other hand, with reference to lands situated in the provinces, if anyone desires to create either the usufruct of the same, or the rights of way on foot, on horseback, and for vehicles; or of conducting water, or of raising houses to a greater height, or of preventing this from being done to avoid obstructing the lights of a neighbor, and other servitudes of this description, he can do so by means of agreements and stipulations, for the reason that the lands themselves are not susceptible of either mancipation or surrender in court.

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Roman Law and Society, The Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
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