王名扬法国行政法第10卷.docVIP

THE DIGEST OR PANDECTS. BOOK X. TITLE I. CONCERNING THE ESTABLISHMENT OF BOUNDARIES. 1. Paulus, On the Edict, Book XXIII. The action for the establishment of boundaries is a personal one; although it is a proceeding for the recovery of property. 2. Ulpianus, On the Edict, Book XIX. This action has reference to rustic estates, even though buildings are situated between them; for it does not make much difference whether a party plants trees, or erects a building on the boundary line. (1) A judge is permitted in the case of establishment of boundaries to decide the controversy as seems to him best where he cannot fix the boundaries; and if the judge, for the purpose of removing a doubt of ancient origin chooses to direct the boundaries to be established in a new direction, he can do so in this way, and order a sum of money to be paid by way of compensation. 3. Gaius, On the Provincial Edict, Book VII. In any case in which it is necessary that a decision should be made giving the land of one of the parties to the other, the one in whose favor the decision is rendered shall be required to pay to the other a certain sum of money by way of compensation. 4. Paulus, On the Edict, Book XXIII. Where a controversy exists with reference to a certain piece of real-estate the land can be divided into shares by means of a decree, in accordance with what the judge finds to be the interest of the parties in said land. (1) In a suit for the establishment of boundaries an account must be taken of the interest of the parties; for example, where anyone obtains some benefit from a tract of land which is ascertained to belong to a neighbor, would it be unjust that payment should be required on that account? Moreover, if a surveyor had been employed by one of the parties, the other who did not employ him would be obliged to pay his share of the compensation. (2) After issue has been joined in a case, account is taken of the profits, for from that time negligence and malice must be made the