1. INTERDICTS OR ACTIONS EXTRA ORDINEM IN PLACE OF INTERDICTS
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BOOK FORTY-THREE INTERDICTS OR ACTIONS EXTRA ORDINEM IN PLACE OF INTERDICTS 1 ULPIAN, Edict, book 67: Let us see to what things interdicts apply. It should be known that they apply to things both divine and human. Divine are such as sacred and religious places. Interdicts with respect to things human apply either to what belongs to somebody or to what belongs to nobody. Belonging to nobody are free persons for whose production, or taking away, interdicts are available. Things belonging to somebody are either public or private property. Public are public places, roads, and publicly owned rivers. Interdicts with respect to private property apply either universally, as does the interdict for bonorum possessio, or to individual things, as do the interdicts for the possession of land, or for right of way in person or with cattle. 1. There are three kinds of interdict: for production, prohibition, and restitution. Some are mixed, being both for prohibition and production. 2. Some interdicts refer to the present, some to the past. Referring to the present are those for the possession of land, to the past those for right of way in person or with cattle, and for summer water. 3. All interdicts, although they appear to be drawn up for the thing, have the effect of applying to the person. 4. Some interdicts are for a year; others are perpetual. 2 PAUL,Edict, book 63: Some interdicts are double, some are single. Double include the interdict for possession of land, single are others such as those for production and restitution, and again prohibitory ones on cutting of trees and right of way in person and with cattle. 1. Interdicts are in favor either of human beings or of divine law or religion, like the interdicts "to prevent anything from being done in a sacred place," "to make good what has been done," on interment of the dead, or on the building of a tomb. In favor of human beings are those which are for public welfare or for safeguarding rights, duties, or property. Available for public welfare are the interdicts to ensure freedom to use a public way or a public river, and that nothing should be done in a private way. For safeguarding personal rights are the interdicts for the production of children and freedmen. For duty are interdicts requiring the production of a freeman . Other interdicts are granted for the sake of personal property. 2. Some interdicts comprise suits for things, for example, for the restoration of a private way in person or with cattle. For this interdict comprises a case of ownership. But interdicts provided for sacred and religious places also comprise something like a case of ownership , as again do those for the production of children, which we said were for the safeguarding of rights. So no wonder that some interdicts belonging to personal BOOK FORTY-THREE 1 INTERDICTS OR ACTIONS EXTRA ORDINEM IN PLAC~ OF INTERDICTS 1 ULPIAN, Edict, book 67: Let us see to what things interdicts apply. It should be known that they apply to things both divine and human. Divine are such as sacred and religious places. Interdicts with respect to things human apply either to what belongs to somebody or to what belongs to nobody. Belonging to nobody are free persons for whose production, or taking away, interdicts are available. Things belonging to somebody are either public or private property. Public are public places, roads, and publicly owned rivers. Interdicts with respect to private property apply either universally, as does the interdict for bonorum possessio, or to individual things, as do the interdicts for the possession of land, or for right of way in person or with cattle. 1. There are three kinds of interdict: for production, prohibition, and restitution. Some are mixed, being both for prohibition and production. 2. Some interdicts refer to the present, some to the past. Referring to the present are those for the possession of land, to the past those for right of way in person or with cattle, and for summer water. 3. All interdicts, although they appear to be drawn up for the thing, have the effect of applying to the person. 4. Some interdicts are for a year; others are perpetual. 2 PAUL, Edict, book 63: Some interdicts are double, some are single. Double include the interdict for possession of land, single are others such as those for production and restitution, and again prohibitory ones on cutting of trees and right of way in...


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