The Same, On the Edict, Book LXV. As possession cannot be acquired except by intention and a corporeal act, so in like manner, it cannot be lost, except in a case where the opposite of both of these things takes place.

Paulus, On the Edict, Book LXV. He possesses justly who does so by the authority of the Prætor.

Paulus, On the Edict, Book LXV. Or for anything which they may have acquired through any fraudulent acts committed by them.

The Same, On the Edict, Book LXV. Where there are several heirs, each of them is only liable for the amount which has come into his hands. For which reason an heir will sometimes be liable for the entire amount that came into his hands, even though he may only have inherited a portion of the estate. 1The Prætor orders anyone who has been forcibly deprived of an usufruct to be restored to his former condition; that is to say, the condition in which he would have been if he had not been ejected. Therefore, if the usufruct should be terminated by lapse of time, after the usufructuary has been deprived of it by the owner, the latter will, nevertheless, be compelled to make restitution, that is to say, to again establish the usufruct.

Paulus, On the Edict, Book LXV. In the consideration of this interdict, it makes no difference whether the possession is just or unjust, so far as other parties are concerned; for he who is in possession, through this very fact, has a better right than he who does not occupy the property.

Paulus, On the Edict, Book LXV. By the term “security” sometimes a mere promise is meant, by which the person who is entitled to protection remains satisfied.

Ad Dig. 50,17,153ROHGE, Bd. 14 (1875), Nr. 40, S. 107: Einfluß der Anlegung eines Verschlusses seitens des Schuldners an den Aufbewahrungsraum des Pfandes.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 156, Note 1.Paulus, On the Edict, Book LXV. We become liable in the same way as, on the other hand, we are released from contracts; for as we acquire property by certain methods, we also lose it by the same means. Therefore, as possession cannot be obtained except by intention and corporeal exertion, so none can be lost, unless both these things exist.

Paulus, On the Edict, Book LXV. A person is responsible for his own act, and it should not prejudice his adversary. 1He is not considered to employ violence who avails himself of his own right, and brings an ordinary action at law. 2In penal cases, the most benevolent construction should be adopted.