But if I leave it
in the hands of the seller without arranging with him specially in
whose physical possession or holding (detentio) this thing shall be
before my taking possession of it (apprehensio), and consequently,
before the actual change of possession, the horse is not yet mine; and
the right which I acquire is only a right against a particular person-
namely, the seller of the horse- to be put into possession of the
object (poscendi traditionem) as the subjective condition of any use
of it at my will. My right is thus only a personal right to demand
from the seller the performance of his promise (praestatio) to put
me into possession of the thing. Now, if the contract does not contain
the condition of delivery at the same time- as a pactum re initum- and
consequently an interval of time intervenes between the conclusion
of the contract and the taking possession of the object of
acquisition, I cannot obtain possession of it during this interval
otherwise than by exercising the particular juridical activity
called a possessory act (actum possessorium), which constitutes a
special contract. This act consists in my saying, "I will send to
fetch the horse," to which the seller has to agree. For it is not
self-evident or universally reasonable that any one will take a
thing destined for the use of another into his charge at his own risk.
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