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Justinian I · The Digest of Justinian §10.3.5.pr

Acquisition by Praetorian Order and Expense Recovery

Passage 1700 of 9271 · Latin

Summary

Julian cites Proculus' opinion, stating that if ownership of a building is acquired through a praetor's order of possession due to lack of defense, a portion of the expenses incurred can be recovered via the action for partition of common property.

[IULIANUS libro secundo ad Urseium Ferocem. ] §10.3.5.prSed si res non defenderetur et ideo iussi sumus a praetore eas aedes possidere et ex hoc dominium earum nancisceremur, respondit Proculus communi diuidundo iudicio partem eius impensae me seruaturum esse.
[JULIANUS, from the second book on Urseius Ferox.] But if the property was not defended, and therefore we were ordered by the praetor to possess that building, and by this we were to acquire ownership of it, Proculus answered that I would recover a part of that expense by the action for partition of common property.

Notes

  1. §10.3.5.priussi sumus — The indicative perfect iussi sumus is placed between the subjunctive imperfects (defenderetur, nancisceremur) in the conditional clause. This either emphasizes the factual occurrence of the praetor's order of possession or treats it as an assured premise within the conditional framework.
  2. §10.3.5.prme seruaturum esse — This is an accusative with infinitive construction in indirect speech, where me is the subject of seruaturum esse. The subject shifts from the plural (iussi sumus) to the singular (me) because it continues the scenario from the preceding section (10.3.4.4) where 'I' (ego) alone incurred the repair expenses.

Cite this passage

Justinian I, The Digest of Justinian §10.3.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.3.5.pr

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