4.1.1 to 4.1.5

FOURTH COMMENTARY. (1) It remains for us to speak of actions. And if we inquire how many kinds of actions there are, the better opinion seems to be that there are but two, real and personal; for those who say that there are four, and include such as arise from solemn agreements, do not perceive that some kinds of actions are subdivided into others. (2) A personal action is one which we bring against anyone who is liable to us under a contract, or on account of a crime; that is, that (what) we claim is that he is bound to give something, to do something, or to perform some service. (3) A real action is one in which we either claim some corporeal property to be ours, or that we are entitled to some particular right in the property, for instance, the right of use and enjoyment; or the right to walk or drive through the land of another; or to conduct water from his land; or to raise the height of a building, or to have the view unobstructed; or when a negative action is brought by the adverse party. (4) Therefore, these actions being distinct, it is certain that we cannot make use of the following form to recover our property from another, namely: "If it appears that he should be required to transfer it." For what is ours cannot be transferred to us, as it is understood that what is given to us is given for the purpose that it may become ours, and property which already belongs to us cannot become ours any more than it now is. Through hatred of thieves, and for the purpose of making them liable to a greater number of actions, the rule has been adopted that, in addition to the penalty of double and quadruple the value of the property obtained, thieves are also liable to the form: "If it appears that the defendant should be required to transfer the property"; even though the action by which we seek to recover what belongs to us may also be brought against him.