r to preserve some difference between the two
classes--that no one has any title to the former who is related more
distantly than the fifth degree, we have left them sufficient remedies
in the 'contratabular' possession, and in those called unde legitimi and
unde cognati, wherewith to vindicate their rights, so that thus all the
subtleties and inextricable confusion of these two kinds of possession
of goods have been abolished.
7 We have preserved in full force another possession of goods, which is
called unde vir et uxor, and which occupied the ninth place in the old
classification, and have given it a higher place, namely, the sixth.
The tenth kind, which was called unde cognati manumissoris, we have
very properly abolished for reasons which have been already stated:
thus leaving in full operation only six ordinary kinds of possession of
goods.
8 The seventh, which follows them, was introduced with most excellent
reason by the praetors, whose Edict finally promised the possession
of goods to those persons expressly entitled to it by any statute,
senatusconsult, or imperial constitution; but this was not permanently
incorporated by the praetor with either the intestate or the
testamentary kinds of possession, but was accorded by him, as
circumstances demanded, as an extreme and extraordinary remedy to
those persons who claim, either under a will or on an intestacy,
under statutes, senatusconsults, or the more recent legislation of the
emperors.
9 The praetor, having thus introduced many kinds of successions, and
arranged them in a system, fixed a definite time within which the
possession of goods must be applied for, as there are often several
persons entitled in the same kind of succession, though related in
different degrees to the deceased, in order to save the creditors of
the estate from delay in their suits, and to provide them with a proper
defendant to sue; and with the object also of making it less easy
for them to obtain possession of the property of the deceased, as in
bankruptcy, wherein they consulted their own advantage only. He allowed
to children and parents, adoptive no less than natural, an interval of
a year, and to all other persons one hundred days, within which to make
the application.
10 If a person entitled does not apply for the possession of goods
within the time specified, his portion goes by accrual to those in the
same degree or class with himself: or, if there be none, the praetor
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