Chapter 6: Servitudes

The second kind of real rights is servitudes.

  • This contract produces only a personal right.
  • If the land has gone through several hands, this would be very tedious.
  • Servitudes were

  • These are all naturally personal rights and are only made real by lawyers.
  • Life rents on estates and many other things are also servitudes, and are properly personal.
  • Feudal burdens were only persons’ rights.

  • Chapter 7: Pledges and Mortgages

  • Hypothecs are another kind of pledges really arising from contract.
  • By them anciently, the landlord was empowered to detain the tenant's furniture and stock if he turned bankrupt, and could claim them a quocumque possessore.
  • At present the landlord has only a right of preference.
  • All pledges are naturally personal rights, and are only made real by the civil law.

    Chapter 8: Exclusive Privileges

  • Exclusive privileges are the last division of real rights.
  • Among these is the right of inheritance.
  • The heir has a privilege of demanding what belonged to the deceased.
  • If a person starts to chase a wild beast, he has an exclusive privilege of pursuing it.
  • In 1701, an English man-of-war attacked a French merchant ship which was just about to fall into their hands, when a Scotch privateer came and carried off the prize.
  • Though these and some other exclusive privileges arise from nature, they are generally the creatures of the civil law.
  • The riches of a country consist in the plenty and cheapness of provisions, but the effect of monopolies is to make everything dear.
  • Even this privilege is not of advantage to the butchers themselves, because the other trades are also formed into corporations.
  • But the great loss is to the public, to whom:
  • However, the privilege of selling a new book or a new machine for 14 years does not have so bad a tendency.
  • A right to servitudes and exclusive privileges may be acquired by prescription.
  • Those are the different kinds of real rights.
  • We proceed now to personal rights.
  • Next: Chapter 9