- 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-lat1:6.2.12.pr-6.2.12.7
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-12
Paulus discusses the application of the Publician action in cases such as gifts between betrothed couples and restored inheritances, as well as its availability for non-usucapable lands, legally prohibited alienations, infant slaves, partial claims, and very brief periods of possession.
[PAULUS libro nono decimo ad edictum.]
[PAUL on the Edict, book 19]
Cum sponsus sponsae seruum donasset eumque in dotem accepisset ante usucapionem, rescriptum est a diuo Pio diuortio facto restituendum esse seruum: nam ualuisse donationem inter sponsum et sponsam. dabitur ergo et possidenti exceptio1 et amissa possessione Publiciana, siue extraneus siue donator possideat.
When a fiancé had donated a slave to his fiancée and had received him as dowry before usucapion, the deified Pius issued a rescript that, upon divorce, the slave must be restored; for the donation between fiancé and fiancée was valid. Therefore, both a defense shall be granted to the one in possession, and the Publician action to the one who has lost possession, whether a third party or the donor is in possession.
Is cui ex Trebelliano hereditas restituta est, etiamsi non fuerit nactus possessionem, uti potest Publiciana.
He to whom an inheritance has been restored under the Trebellian senatusconsult, even if he has not obtained possession, can use the Publician action.
In uectigalibus2 et in aliis praediis, quae usucapi non possunt, Publiciana competit, si forte bona fide mihi tradita est.
On tax land (vectigalia) and on other plots of land which cannot be acquired by usucapion, the Publician action is available, if by chance they have been delivered to me in good faith.
Idem est et si superficiariam insulam3 a non domino bona fide emero.
The same holds true if I have bought in good faith an apartment building subject to superficies from a non-owner.
Si res talis sit, ut eam lex aut constitutio alienari prohibeat, eo casu Publiciana non competit, quia his casibus neminem praetor tuetur, ne contra leges faciat.
If a thing is of such a nature that a law or constitution prohibits its alienation, in that case the Publician action is not available, because in these cases the praetor protects no one, so that he may not act against the laws.
Publiciana actione etiam de infante seruo nondum anniculo uti possumus.
We can use the Publician action even concerning an infant slave who is not yet one year old.
Si pro parte quis rem petere uult, Publiciana actione uti potest.
If someone wishes to claim a thing in part, he can use the Publician action.
Sed etiam is, qui momento possedit, recte hac actione experiretur.4
But also he who has possessed only for a moment would rightly sue by this action.
- 6.2.12.prpossidenti exceptio
The verb dabitur (shall be granted) takes two subjects: exceptio (defense) and Publiciana [sc. actio] (the Publician action), connected by et... et.... There is a contrast between the dative present participle possidenti (to the one in possession) in the first clause, and the ablative absolute amissa possessione (possession having been lost) in the second, indicating that a defense is granted if possession is retained, while the Publician action is granted if possession is lost.
- 6.2.12.2In uectigalibus
This is the neuter plural ablative of the adjective uectigalis (subject to tax/rent), where praediis (lands) is omitted or understood from the following in aliis praediis. It refers to municipal or state lands leased for long periods or in perpetuity in exchange for a ground rent (vectigal). Such lands could not be acquired by ordinary usucapion, but the Publician action was extended to protect a bona fide transferee.
- 6.2.12.3superficiariam insulam
The adjective superficiarius (relating to superficies/building rights) modifies insula (apartment building). It refers to a building subject to a right of superficies (the right to build and use a structure on another's land). Although such buildings could not be acquired by usucapion, a bona fide purchaser was protected by the Publician action.
- 6.2.12.7experiretur
The third-person singular imperfect subjunctive of the deponent verb experior (to bring an action/sue). The subjunctive here expresses legal potentiality or a hypothetical entitlement based on the praetor's edict ("he would rightly sue" or "he would have been entitled to sue").