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The Digest of Justinian

§4.6.31.pr

Perpetual Action upon Loss of Recovered Possession

Explains that if an owner recovers possession of their property which was acquired by usucapion by a person absent on public business, they will have a perpetual rather than a temporary action, even if they subsequently lose that possession again.

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[IDEM libro quinquagensimo tertio ad edictum.]

[THE SAME in the fifty-third book on the Edict.]

§4.6.31.pr

​Si is, cuius rem usucepit rei publicae causa absens,1 possessionem suae rei ab illo2 usucaptae nanctus sit, etsi postea amiserit, non temporalem, sed perpetuam habet actionem.

​If a person, whose property someone absent on public business has acquired by usucapion, has obtained possession of his own property which was acquired by usucapion by that person, even if he should afterwards lose it, he has not a temporary but a perpetual action.

Syntax notes2 items
  1. 4.6.31.prcuius rem usucepit rei publicae causa absens

    In the relative clause, cuius is a genitive referring to the antecedent is ("whose"), rei publicae causa absens ("the person absent on public business") is the subject of the clause, and rem is the accusative object of the verb usucepit.

  2. 4.6.31.prab illo

    The ablative of the demonstrative pronoun ab illo refers to the subject of the preceding relative clause, rei publicae causa absens, expressing the agent of the passive participle usucaptae ("acquired by that person").

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.31.pr