- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.8.15.pr-2.8.15.7
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-28
Based on the principle that possessors of immovable property are exempt from giving security, this section defines who qualifies as a 'possessor' and who is excluded, and establishes the time of giving security as the critical moment for this determination.
[MACER libro primo de appellationibus.]
[MACER, in the first book on Appeals.]
Sciendum est possessores immobilium rerum satisdare non compelli.
It must be known that possessors of immovable property are not compelled to give security.
Possessor autem is accipiendus est, qui in agro uel ciuitate rem soli1 possidet aut ex asse2 aut pro parte. sed et qui uectigalem, id est emphyteuticum agrum possidet, possessor intellegitur. item qui solam proprietatem habet, possessor intellegendus est. eum uero, qui tantum usum fructum habet, possessorem non esse Ulpianus scripsit.
Moreover, he is to be accepted as a possessor who possesses a piece of land in the country or in the city, either in its entirety or in part. But also he who possesses a tributary, that is, emphyteutic land, is understood to be a possessor. Likewise, he who has the bare ownership is to be understood as a possessor. On the other hand, Ulpian wrote that he who has only the usufruct is not a possessor.
Creditor, qui pignus accepit, possessor non est, tametsi possessionem habeat aut sibi traditam aut precario debitori concessam.
A creditor who has received a pledge is not a possessor, even if he has possession, whether it was delivered to himself or granted precariously to the debtor.
Si fundus in dotem datus sit, tam uxor quam maritus propter possessionem eius fundi possessores intelleguntur.
If a tract of land has been given as a dowry, both the wife and the husband are understood to be possessors on account of the possession of that land.
Diuersa causa est eius, qui fundi petitionem personalem habet.
Different is the case of him who has a personal action for the recovery of a tract of land.
Tutores, siue pupilli eorum siue ipsi possideant, possessorum loco habentur: sed et si unus ex tutoribus possessor fuit, idem dicendum erit.
Guardians, whether their pupils or they themselves possess, are regarded in the place of possessors; but also if only one of the guardians was a possessor, the same must be said.
Si fundum, quem possidebam, a me petieris, deinde cum secundum te3 esset iudicatum, appellauerim: an possessor eiusdem fundi sim? et recte dicetur possessorem me esse, quia nihilominus possideo, nec ad rem pertinet, quod euinci mihi ea possessio possit.
If you demand from me a tract of land which I was possessing, and then, after judgment was given in your favor, I have appealed: am I the possessor of the same land? And it will be rightly said that I am a possessor, because I possess nonetheless, nor does it matter to the case that this possession can be evicted from me.
Possessor autem quis nec ne fuerit, tempus cautionis spectandum est: nam sicuti ei, qui post cautionem possessionem uendidit, nihil obest, ita nec prodest ei, qui post cautionem possidere coepit.
Moreover, as to whether someone was a possessor or not, the time of giving security must be regarded; for just as it does not harm him who sold the possession after giving security, so it does not benefit him who began to possess after giving security.
- 2.8.15.1rem soli
Literally 'a thing of the soil', referring to the land itself as immovable property. It consists of the accusative of res (thing) and the genitive soli of solum (soil, ground).
- 2.8.15.1ex asse
An idiomatic phrase derived from the Roman unit as (representing the whole, or twelve-twelfths), meaning 'in its entirety' or 'wholly', here contrasted with pro parte (in part).
- 2.8.15.6secundum te
The preposition secundum (according to, in favor of) governing the accusative pronoun te is a standard legal idiom meaning 'in your favor' (referring to a judicial decision).