Immoveable by nature or labour, as lands, houses, &c.-By being part of
the soil, by accession or annexation.-Trees.-Fructus.-Distinction
as to Nurserymen.-As to crops produced by labour, &c. annually.—
Mills, &c.-Animals, when immoveable.-Annexation of moveables to
lands and buildings, with the intention that they should permanently
remain. Civil law.-Law of Holland, Spain, England and Scotland.-
Distinction in favour of tenants.-In what cases they may remove things
which they have affixed.-Further distinction in the jurisprudence of
England, Scotland, and the United States where the annexation is for the
purposes of trade. The indulgence not extended where the purpose is
solely agricultural.-The decisions in the United States.-Constructive
annexation. Keys, &c.—Instances in which the quality of immoveable is
acquired simply by destination.-Slaves.-State of the law in the West
India Colonies.-In some, there are legislative provisions giving the
quality of immoveable to certain articles attached to and necessary for
the cultivation of plantations.-Articles partaking of personal and real
quality, as charters, &c.-Seats in churches.
tween the law of England, Spain, Holland, and France, and that of
Scotland. The subjects respecting which this diversity exists.-Actions,
in what cases real.-Debts, &c.-Mortgages.-The law of Scotland.—
Bonds, moveable and heritable.-Bonds, reserving interest, containing a
clause of infeftment, excluding executors.-Rights of reversion.-Wad-
sets. Infeftments in security.—In relief.-Annuities.-Rents.-Stock in
the public funds.-Arrears of rent.-Offices...
Effected by substitutions direct and fidei-commissary, and by the conditions
and limitations annexed to the institution and substitution of heirs.-
Admitted in dispositions inter vivos as well as mortis causá.
I. Substitution direct.-Its nature.-How created.-Construction of.-
When it takes effect. When it can no longer take effect.-Substitutio
pupillaris, quasi pupillaris, or exemplaris.—In what respect distinguished
from the substitutio vulgaris.
II. Fidei-commissary substitution defined. The power conferred on the
person in whose favour a fidei-commissum was made, to compel its
performance,-Different kinds of fidei-commissa.-What might be the
subject of the fidei-commissum.-How created.-Substitution of classes
or families.-Extent to which estates might be rendered unalienable.—
When the fidei-commissum fails, or becomes incapable of taking effect.
-The persons who may create, who may be charged with a fidei-com-
missum, and in whose favour it may be created.-The relative rights,
liabilities, and interest of the fiduciary and fidei-commissary.-The de-
duction of the Trebellian portion.-The delivery of the property to the
fidei-commissary.-Fidei-commissa by dispositions inter vivos.
III. Conditions and limitations which may be annexed to institutions, sub-
stitutions, and donations.-Fidei-commissa sub modo and conditione.-
Those most frequently adopted. Their construction and effect, per-
formance, destruction, or discharge...
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