The Institutes of Justinian

Cover The Institutes of Justinian
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Genres: Nonfiction

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: BOOK II Title I OF THE DIFFERENT KINDS OF THINGS IN the preceding book we have expounded the law of Persons : now let us proceed to the law of Things. Of these, some admit of private ownership, while others, it is held, cannot belong to individuals : for some things are by natural law common to all, some are public, some belong to a society or corporation, and some belong to no one. But most things belong to individuals, being acquired by various titles, as will appear from what follows. Thus, the following things are by natural law common 1 to all?the air, running water, the sea, and consequently the sea-shore. No one therefore is forbidden access to the seashore, provided he abstains from injury to houses, monuments, and buildings generally; for these are not, like the sea itself, subject to the law of n

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ations. On the other 2 hand, all rivers and harbours are public, so that all persons have a right to fish therein. The sea-shore extends to 3 the limit of the highest tide in time of storm or winter. Again, the public use of the banks of a river, as of the river 4 itself, is part of the law of nations ; consequently every one is entitled to bring his vessel to the bank, and fasten cables to the trees growing there, and use it as a resting-place for the cargo, as freely as he may navigate the river itself. But the ownership of the bank is in the owner of the adjoining land, and consequently so too is the ownership of the trees which grow upon it. Again, the public use of the sea-shore, as of 5 the sea itself, is part of the law of nations ; consequently every one is free to build a cottage upon it for purposes of retreat, as well as to dry his nets and haul them up from the sea. But they cannot be said to belong to any one as private property, but rather are subject to...

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The Institutes of Justinian
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