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[001] wrongfully and falsely. There is both rightful and wrongful natural possession:
[002] rightful, as where after livery the donee is in vacant possession by himself; natural
[003] and wrongful, as where, when the donor has put the donee in possession, both
[004] remain there together. In that case, if when1 the donee is in possession the donor
[005] uses as before and does not change his status, both have natural possession but
[006] the donor's is rightful and the donee's wrongful. And so if both use as lord,
[007] for by such use the donor continues his possession and the donee gains nothing for
[008] himself.2 If the donee uses as lord and the donor does not, the donee still does not
[009] begin to possess, because he does not have vacant possession.3 And the same is
[010] true of the household of the donor, as where, after he has placed the donee in
[011] possession, he withdraws corpore and animo leaving his wife, children, or others
[012] of his household in possession; though the donee uses he acquires nothing by such
[013] use, for the reason aforesaid, because he does not have vacant possession. Suppose
[014] that the donor has put the donee into possession and that after they have both
[015] been there for a time they both withdraw together; since the gift and livery may be
[016] feigned and fictitious, it is only by use that the truth and the will and intention of the
[017] parties may be ascertained.4 For by use the truth may here be made manifest,5
[018] because, though it may be presumed from the induction into possession that the
[019] gift and livery are real, [a presumption] which must stand until the contrary is
[020] proved, nevertheless the donor may by his own act indicate the contrary, by using
[021] as before,6 by himself or by his people, and by so doing defeat the presumption.7
[022] Through external signs the internal may be inferred,8 for as it is said, ‘He shows by
[023] his face what is buried beneath his heart,’9 and [so], a fortiori he may show it by an
[024] act. [And so] when they both withdraw together, let the donor enjoin his household
[025] to be attendant upon the donee as lord in all things, binding them with an oath or
[026] without one; if they so act, the gift and livery will be sufficient; if they do not, the
[027] gift and livery may be illusory and feigned, especially if the donor on his return
[028] ratifies what they did. If he disapproves it, the gift will be good and the household
[029] liable to the donee in an actio negotiorum gestorum. 10But suppose that when
[030] one makes a gift and livery he excepts the fruits. It then is important whether



Notes

1. ‘cum’

2. Supra 107, infra 132, 151

3. Infra 132, 150

4. Reading: ‘Constare non poterit de veritate ... et animo nisi per usum’; supra 95, infra 153, 154

5. Infra 150, 153

6. Supra 130

7. ‘vincit praesumptionem,’ as infra 204

8. Supra 130, infra 153

9. Unidentified

10. New paragraph


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