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INTRODUCTION

Property law is part of the law of things, the second part of Gaius’s Institu­tional Scheme (see Chapter 2). The law of things, it will be remembered, includes property law, the law of obligations and the law of succession.

In the Institutional Scheme, property law is divided into corporeal things (res corporales) and incorporeal things (res incorporates). The category of corporeal property covers things with a physical existence, and incorporeal property things with no physical existence, in other words rights (such as a right to payment of a debt or a right to occupy land under a usufruct). What all these have in common is that they are all assets, all items of property. Thus property law in its broadest sense includes the law of obligations. However, although the right created for example by a contract is an item of (incor­poreal) property, it is customary to treat the rules for the creation of rights arising from the law of obligations and the law of succession separately from the consideration of real rights.

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Source: Anderson Craig. Roman Law Essentials. Edinburgh University Press,2018. — 144 p.. 2018
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