Justinian I · The Digest of Justinian §10.2.9.pr

Inclusion of Usucaped and Posthumously Delivered Property

Passage 1646 of 9271 · Latin

Summary

It rules that things acquired by usucapion by the heirs after delivery to the deceased, and things delivered to the heirs after being purchased by the deceased, are subject to the action for the division of an inheritance.

[PAULUS libro uicensimo tertio ad edictum. ] §10.2.9.prUeniunt in hoc iudicium res, quas heredes usuceperunt, cum defuncto traditae essent: hae quoque res, quae heredibus traditae sunt, cum defunctus emisset:

[PAULUS, On the Edict, book 23] There come into this action those things which the heirs have acquired by usucapion, when they had been delivered to the deceased; also those things which have been delivered to the heirs, when the deceased had bought them.

Notes

§10.2.9.prcum defuncto traditae essent ... cum defunctus emisset — Both clauses with `cum` govern the pluperfect subjunctive (`traditae essent` and `emisset`) to indicate the historical premise or condition under which the heirs acquired the property. The latter clause `cum defunctus emisset` describes the situation where the deceased contracted the purchase during his lifetime, and the delivery (`traditae sunt`) was executed to the heirs after his death.

Cite this passage

Justinian I, The Digest of Justinian §10.2.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.2.9.pr

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