Systematic Classzficat'lon tions (colleg'la corpora) are: guilds and industrial fraternities, and those privi
leged aggregates of persons which are under state supervision (collegia soda h'ci'a); for example, the Roman collegia
funeraticia, and modern associations for accident, age and health insurance in
the German Empire.
These associa
tions under state recognition have social objects as opposed to objects of the
state or of individuals.21 4. Associations for profit (societates guwstuariw), which the law specially in vests’z with the capacity for having rights; thus, share companies," regis
tered associations and mining com panies, in the modern law. 5.
Churches, churchly associations
and institutions. 6. Foundations," that is, complexes of property which are recognized by the law as holders of rights for the accom
plishment of certain limited objects;
187
The relation of a legal subject with reference to things by virtue of which a thing is under the dominion of the person entitled, either in its entirety, or only in a particular way, makes the law of real relations—the law of things.
Inasmuch as things (but not persons) may be subjected in whole, or in part,
to the direct dominion of a subject, they are frequently called the objects of rights.
The conception, thing,“ includes — 1. Material things, as follows: — (a) Movable things (res mobiles, Fahr habe); thus, money, articles of com merce, goods, animals (res sese moventes),”
clothing, arms, provisions, etc. (b) immovable things (res immobiles, Liegenschaften); thus, lands. 2. Immaterial things; thus, corporal existence
and
freedom,
reputation,
authorship in works of literature and art, inventions, etc.
pie cause, etc. II.
The object of an interest (which
III. The relation which is the basis of an interest forming a private legal
is the basis of all private legal relations)
relation, is established, conformably to
is always a relation of fact, of one or
legal order, by a definite fact. By this fact, legal relations acquire a character istic legal protection, and the imminent interest is elevated to the plane of legal
more physical or juristic persons, con sidered as legal subjects, with reference
either to other persons or to things. The relation of a legal subject with reference to other persons forms either family law or the law of obligations. 11Of this class are associations for health insurance according to see. 25, imperial statute (June 15, 1883) (Gareis, Reichsgesetu 5. 147-8, 40); also fraternal associations for accident insurance accord ing to sec. 23, imperial statute (July 6, 1884) (Gareis, Rn'chsgesetu 6. 28-9. 40, 7, 14, 58, 60-1); and insti tutions for insurance according to sec. 68, Invaliden ursicherungsgesetus (July 13, 1899) (Gareis. Reichsgesetze III, 12). It is one of the chief objects in the social aspect of the law (Sozialpolitik) to pro mote such associations having social ends with functions legislatively determined, and with definite rights fixed by statute. “3.6.8., sec. 22. Cf. Cosack.B. R.. see. 29. “Share company (Aktiengesellschaft). Registered association (ei'ngaragmtGmssenschaft). Cf. below, see. 23, Ill. 5. "B. G. 8., secs. 80-88.
advantage. The impulse by which this is accomplished is called the juristic fact. IsSalkowski. Inst., sec. 81; Sohm, Inst, sees. 45, 46. The kinds of things classified, B. G. 8., secs. 90—103. a“Completely dependent persons — that is, slaves. where slavery exists as an institution, or has existed. are to be included among things. For illustration, in Germanic Volksrccht. smus and ancilla were coupled together with has, equus, etc. Slavery had its origin in ancient times and in the Middle Ages in subjugation in war, and in conquest. Slavery of individual persons arose out of the relation of such persons to a people subjugated in war; out of slave birth, captivity and servitude for debt. It is inter esting to note that certain very ancient laws, in order to favor freedom of individual persons. in certain cases recognized a prrzsumptio libcrtatis,‘ thus, for mmple, the law of the Cretan city. Gortyn (about 450 B.C.). See A. Gmoll in the scientific supplement to the Programm dc: stddl. Progymnasiums su Sm'egau (1889), I, 14, p. 10).
