Limited Ownership: Usufruct, Use, Servitude, Possession

A Manual of Moral Theology for English-Speaking Countries

Thomas Slater, S.J.

Vol. I, Bk. II, Chapter III. The Doubtful Conscience, n. 4 — There are various principles or axioms suitable for the purpose of forming one’s conscience when in doubt. They are for the most part taken from canon law, but they are also used in questions belonging to the forum of co… Read in context →

Manual of Moral Theology (Manuale Theologiae Moralis)

Ludovicus Wouters, C.SS.R. — 11 passages

Vol. I, Bk. I, Tr. II, Diss. II, Pt. I, Sect. III, Ch. II, Art. I, § IV, Point II, That Is, Equiprobabilism, Thesis II, n. 229 — One who strictly doubts about the cessation or fulfillment of a law, in other words, one who holds it as equally or almost equally probable that the law has not ceased or has not been fulfilled, is held to observe it. It… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § I, Point I, II. On the Objects of Ownership, n. 766 — I. A man does not have direct ownership, but he does have useful ownership, of those goods which pertain to his substance and integrity, such as life, members, and the faculties of the soul. The first is proved from Sacr… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § I, Point II. On Limited Ownerships, n. ¶1 — To limited ownerships, or those more or less imperfect, there especially pertain: usufruct, use, servitude, and in some respect also possession.Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § I, Point II, I. On Usufruct, nn. 767, 768, 769 & 770 (4 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § I, Point II, III. On Servitude, n. 772 — I. Notion. Servitude is a right consisting in this, that the owner of some estate, as its owner, has some favor over the estate of another. The favor is called active servitude; the burden inhering in the estate of anoth… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § I, Point II, IV. On Possession, nn. 775, 776 & 777 (3 passages — hover a number to read it)

Institutions of Moral Theology (Institutiones Theologiae Moralis)

Gennaro Bucceroni, S.J. — 29 passages

Vol. I, On Conscience, III. On Probable Conscience, n. 121 — Note: An exception, and a true and illogical exception of probabilism, is the limitation which some probabilists and equiprobabilists add to probabilism from the principle of possession: In doubt the condition of the pos… Read in context →

Vol. I, On Conscience, V. On Doubtful Conscience, n. 143 — In doubt the condition of the possessor is better. C. 6 de Praescript. This axiom in the external forum, both ecclesiastical and civil, has been received as a certain rule of judgments. For it is to be presumed that he w… Read in context →

Vol. I, On the First Precept of th…, V. On Vain Observance, n. 479 — Of how many kinds is vain observance? - There are four species of vain observance, which are distinguished only materially by reason of effects. 1. If certain useless things are observed for acquiring an infusion of know… Read in context →

Vol. I, On the Fourth Precept of t…, I. Obligations of Children Toward Parents, nn. 667 & 670 (2 passages — hover a number to read it)

Vol. I, On the Fourth Precept of t…, III. Obligations of Spouses, n. 677 — What are the rights and obligations of spouses concerning goods? - If Natural Law is considered, marital society does not prevent both husband and wife from retaining ownership, usufruct, and administration even of goods… Read in context →

Vol. I, On the Fourth Precept of t…, V. Obligations of Inferiors and Superiors, n. 692 — What is the distinction between slaves and servants? - Servants are distinguished from slaves. Slaves are those who, by the law of nations and civil law against natural liberty, are subject to another master, so that the… Read in context →

Vol. II, On the Seventh and Tenth P…, I. On Justice Considered Generally, nn. 843, 845, 846, 847, 848, 849, 850, 851, 854, 855, 856, 857, 861, 862 & 863 (15 passages — hover a number to read it)

Vol. II, On the Seventh and Tenth P…, III. On the Mode of Acquiring Ownership by Civil Law, n. 916 — Is possession required for prescription? - It is certain that legitimate possession is required for prescription. This is clear both from civil law and from canon law: "Without possession prescription does not proceed." … Read in context →

Vol. II, On the Seventh and Tenth P…, XXII. On Restitution from Another's Thing, nn. 1332, 1345 & 1352 (3 passages — hover a number to read it)

Vol. III, On Penance, XII. On the Various Duties of the Minister, n. 860 — Can the confessor at least sometimes, or when, use knowledge of Confession? - According to all theologians he can do this in the following cases: 1. to pray for the penitent, or to act more kindly toward him; 2. to consu… Read in context →

Vol. IV, On Marriage, III. On the Impediments of Marriage, n. 1022 — What is the impediment of error, condition, and fury? As regards consent, there are impediments of marriage from error, condition, fury, fear, and abduction. Error dirimently impedes marriage by natural law if it is conc… Read in context →

Vol. IV, On Irregularity, n. 1333 — From defect of liberty, slaves are irregular where slavery is still in force, unless their masters have consented to ordination. Chap. 1 ff., de Serv. non ordin.; chap. Nulli 2, chap. Si servus 20, Dist. 24. To this some… Read in context →

Synopsis of Moral and Pastoral Theology

Adolphe Tanquerey, S.S. — 4 passages

Vol. III, Contracts, and the Obligat…, On the Virtue of Justice (…, Part I — Chapter I: On the Existence of Right, nn. 123, 130, 131 & 132 (4 passages — hover a number to read it)

Summa Theologiae Moralis

Benedict Henry Merkelbach, O.P. — 38 passages

Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, First Part: On Justice in …, Ch. II, Question Two: On the Species of Right, nn. 161, 164 & 165 (38 passages — hover a number to read it)

Summa Summae S. Thomae (Billuart)

Charles-René Billuart, O.P. — 16 passages (filed under the subtopics)

Billuart, Summa Summae, Tomus III. On the Secunda …, On Right and Justice, On Right and Ownership, On possession, nn. 1–16 (16 passages)

Cases of Conscience for English-Speaking Countries, Volume I

Thomas Slater, S.J. — 8 passages (filed under the subtopics)

Slater, Cases I, The First Commandment, Case 7. Diabolical Possession Scientifically Explained, nn. ¶1, ¶2, ¶3, ¶4, ¶5, ¶6, ¶7 & ¶8 (8 passages — hover a number to read it)

Moral Theology: A Complete Course (McHugh & Callan)

John A. McHugh, O.P., and Charles J. Callan, O.P. — 2 passages (filed under the subtopics)

Vol. II, Pt. II, Q. II, Art. 3. The Subjective Par…, The Roots of Restitution, nn. 1770 & 1771 (2 passages — hover a number to read it)

Summa of Moral Theology (Summa Theologiae Moralis)

Hieronymus Noldin, S.J. — 3 passages (filed under the subtopics)

Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter First. On Ownership, Question Second. On Owners…, Article Second. On Possession, nn. 369, 370 & 371 (3 passages — hover a number to read it)

Theologia Moralis: Principles — Responses — Counsels

Arthur Vermeersch, S.J. — 4 passages (filed under the subtopics)

Vol. II, Bk. II, Tractate V: On Justice, Ch. I, Article II: On Possession, nn. 368, 369, 370 & 371 (4 passages — hover a number to read it)

Theologia Moralis Sancti Alphonsi: Reduced into a Compendium

Anthony Konings, C.SS.R. — 5 passages (filed under the subtopics)

Vol. I, TREATISE ON RIGHT AND JUST…, FIRST PART: ON THE NATURE …, Ch. II, ARTICLE II: ON USE AND USUFRUCT, nn. ¶675, ¶676, ¶677, ¶678 & ¶679 (5 passages — hover a number to read it)

Compendium of Moral Theology

Aloysius Sabetti, S.J., and Timothy Barrett, S.J. — 6 passages (filed under the subtopics)

Vol. I, Tr. VIII, Pt. I, Ch. II, Art. I, § III. On the Acquisition of Dominion, n. 390 — IV. Possession. Possession is the holding of a thing, or the enjoyment of a right, which someone exercises by himself or through another, yet in his own name. Holding of a thing is called possession simply, and enjoyment of a right quas… Read in context →

Vol. I, Tr. VIII, Pt. I, Ch. II, Article II. On the Species of Right which is Called Use or Usufruct, nn. 398, 399 & 399, Q. 2 (3 passages — hover a number to read it)

Vol. I, Tr. VIII, Pt. I, Ch. II, Article III. On the Species of Right which is Called Servitude, nn. 400 & 401 (2 passages — hover a number to read it)

Compendium of Moral Theology of Fr. John Peter Gury, S.J., with the Notes of Antonio Ballerini, S.J.

Jean-Pierre Gury, S.J.; notes by Antonio Ballerini, S.J. — 20 passages (filed under the subtopics)

Vol. I, Treatise on Justice and Ri…, First Part. On the Nature …, Ch. II, Article II. On Use and Usufruct, nn. ¶1, 593, 594 & 595 (12 passages — hover a number to read it)

Vol. I, Treatise on Justice and Ri…, First Part. On the Nature …, Ch. II, Article III. On Servitude, nn. 596 & 597 (8 passages — hover a number to read it)

Christian Theology, Dogmatic and Moral, in Compendium

Daniele Concina, O.P. — 3 passages (filed under the subtopics)

Diss. I, Chapter IV — On dominion, and its division, and the partition of goods, nn. IV, V & VII (3 passages — hover a number to read it)