THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ LVI ~ |
CONCERNING
THE SHORES OF THE SEA. |
|
( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
The
law which abolishes the common ownership of maritime lands, that is
to say, those situated on the shores of the sea, and compels the owner
of such lands to pay damages in an action brought against him for forbidding
persons to fish thereon, does not seem to Us to be just. For when We
acquire property by means of a good title, for instance, by succession,
by Our own labor, or in any other way whatsoever, why should We not
have the management of it; and why should not the benefits derived from
possession of the same be Ours, rather than belong to someone else?
Hence no law is equitable which grants the profit of anything to a person
who has no right to it, and at the same time deprives another of its
possession who is entitled to the same either through the right of relationship,
or because he has paid for it, or for any other reason. For if the owner
of a tract of land situated on the seashore is required to pay an annual
tax, is it not absurd, as well as unjust, for him not to be able to
prevent one who, against his will, desires to enjoy the advantages of
this property, and if he succeeds in doing so, be compelled to pay him
damages? What steps should be taken if he himself fished there? Would
he be obliged to remain quiet, and allow strangers alone to enjoy the
benefit of fishing; or, if he did not wish to remain idle, must he go
and fish upon the lands of others, as he cannot use his own for that
purpose? I do not see any reason for holding this opinion.
Therefore, We hereby decree that everyone shall be the actual owner
of his land on the seashore, and that no one shall be permitted to enjoy
the advantages thereof without his permission, or interfere With said
land in any way. For as it is a rule of law that the ownership of a
house extends equally to its court and vestibule, this rule, it seems
to Us, should also apply to real property on the shore of the sea. And
as no one is permitted to gather the fruits of a tract of land against
the will of the proprietor, as otherwise, he will be obliged to pay
a fine regulated by the custom of the neighborhood, We order that this
rule shall also apply to maritime lands. |
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