From the fact of personality in the children, it further follows
that they can never be regarded as the property of the parents, but
only as belonging to them by way of being in their possession, like
other things that are held apart from the possession of all others and
that can be brought back even against the will of the subjects.
Hence the right of the parents is not a purely real right, and it is
not alienable (jus personalissimum). But neither is it a merely
personal right; it is a personal right of a real kind, that is, a
personal right that is constituted and exercised after the manner of a
real right.
It is therefore evident that the title of a personal right of a real
kind must necessarily be added, in the science of right, to the titles
of real right and personal right, the division of rights into these
two being not complete. For, if the right of the parents to the
children were treated as if it were merely a real right to a part of
what belongs to their house, they could not found only upon the duty
of the children to return to them in claiming them when they run away,
but they would be then entitled to seize them and impound them like
things or runaway cattle.
TITLE III. Household Right. (Master and Servant)
30. Relation and Right of the Master of a Household.
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