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The Digest of Justinian

§6.1.7.pr

Claim against Possessor after Non-Possessor's Defeat

It states that even if a person who is not the actual possessor voluntarily acts as the defendant in a land recovery action and is defeated, the plaintiff can still correctly claim the land from the actual possessor.

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[IDEM libro undecimo ad edictum.]

[THE SAME, in the eleventh book on the Edict.]

§6.1.7.pr

​Si is, qui optulit se fundi uindicationi,1 damnatus est, nihilo minus a possessore recte petitur,2 sicut Pedius ait.

​If he who offered himself to the action for recovery of land has been condemned, it is nonetheless correctly claimed from the possessor, as Pedius says.

Syntax notes2 items
  1. 6.1.7.proptulit se fundi uindicationi

    The perfect tense of the verb offerre (optulit) with the reflexive pronoun se and the dative means 'to present oneself for' or 'to step forward as the defendant in'. Here, it refers to a situation where a person who is not the actual possessor deliberately steps forward as the defendant in the action for recovery of land (fundi uindicatio).

  2. 6.1.7.prpetitur

    Third-person singular passive. Although the subject is not explicitly expressed, 'the land (fundus)' is understood as the subject from the preceding genitive fundi.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.7.pr