Page:An introduction to Roman-Dutch law.djvu/158

 Rh 118 THE LAW OP PROPERTY so far as they create rights in rem.^ Mortgages, however, even of land, are classed as movables, the mortgage being considered as merely accessory to a principal and personal obligation, whose nature it, therefore, follows.^ Since, however, a mortgage of land constitutes a charge on immovable property it would seem more in accordance with principle to class it with immovables.* What Movable things and things deemed to be movable are : things are Q g^i movable things except such as are deemed to he classed aa^' ° ^ iii movables, immovable ; (2) money, and rents accrued due — ^this includes money destined to be laid out on land,^ or arising from. the sale of land ® ; (3) securities for money (including mortgages of immovable property ? ) ; ' (4) personal servitudes over movables ; ® (5) actions in personam and actions in rem directed to the recovery of movables ; ' (6) annual rents not charged on land ; ^° (7) all other property capable of classification as movable or immovable and not specifically assigned to the class of immovables. This includes most incorporeal rights other than such as have already been mentioned. The im- The legal consequences and therefore also the importance of'the""" o^ *^® distinction of things as immovable or movable are diatinc- principally the following : " (1) In relation to the Conflict tween of Laws immovables generally follow the lex rei sitae, mov- immov- ables generally following the lex domicilii.-^^ (2) Immov- movables. ables may be affected with real charges, which will adhere to them, alienation notwithstanding, movables not.^' ^ In Roman Law a locatio conductio of land was purely contractual, and gave the conductor no real right. In Roman-Dutch Law the lessee was recognized as having a proprietary right (Huur gaat voor koop). Infra, p. 141. Voet, 1. 8. 27. ^ In Cape Colony it was held to be a movable. Eaton v. The Registrar of Deeds (1890) 7 S. C. at p. 255. ' Voet, 1. 8. 27 ; V. d. K. Th. 179-81. « Voet, 1. 8. 20. » Voet, 1. 8. 21. According to Van der Keessel [Th. 179) an action on a kusting-brief [infra, p. 177) is an immovable. ^° And not redeemable ; Reditus redimibiles mobilibus annumerantur, Schorer ad Gr. 2. 1. 13 ; Voet, 1. 8. 23. " Voet, 1. 8. 30. ^ Paul Voet, De mobil. et immdbil. natura, cap. xxiii, sees. 1 and 3. ' Op. cit., cap. xix, sec. 8.
 * Voet, 1. 8. 22. 5 Voet, 1. 8. 16. ^ Voet, 1. 8. 16.