On the contrary, a special contract is necessary for this arrangement,
according to which the alienator of a thing continues to be its
owner during a certain definite time, and must bear the risk of
whatever may happen to it; while the acquirer can only be regarded
by the seller as the owner when he has delayed to enter into
possession beyond the date at which he agreed to take delivery.
Prior to the possessory act, therefore, all that is acquired by the
contract is only a personal right; and the acceptor can acquire an
external thing only by delivery.
SECTION III. Principles of Personal Right that is Real
in Kind. (Jus Realiter Personale).
22. Nature of Personal Right of a Real Kind.
Personal right of a real kind is the right to the possession of an
external object as a thing, and to the use of it as a person. The mine
and thine embraced under this right relate specially to the family and
household; and the relations involved are those of free beings in
reciprocal real interaction with each other. Through their relations
and influence as persons upon one another, in accordance with the
principle of external freedom as the cause of it, they form a
society composed as a whole of members standing in community with each
other as persons; and this constitutes the household.
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