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The Digest of Justinian

§6.2.16.pr

Plea of Lawful Ownership against Publician Action

A note by Paul on Papinian's work, stating that the plea of lawful ownership must be opposed to the Publician action.

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[PAPINIANUS libro decimo quaestionum.]

[PAPINIANUS on Questions, book 10]

§6.2.16.pr

​PAULUS notat: Exceptio iusti dominii1 Publicianae2 obicienda est.

​PAULUS notes: The plea of lawful ownership must be opposed to the Publician action.

Syntax notes2 items
  1. 6.2.16.prExceptio iusti dominii

    Refers to the "plea of lawful ownership" in Roman law. It is the defence by which the true owner, when sued under the Publician action (which protects a possessor whose usucapio is incomplete), bars the plaintiff's claim based on their own rightful ownership.

  2. 6.2.16.prPublicianae

    Feminine singular dative adjective. The noun actioni (action) is omitted, and this dative depends on the gerundive obicienda, meaning "to/against the Publician action".

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.2.16.pr