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Justinian I · The Digest of Justinian §24.1.24.pr

Marriage, Divorce, and Usucapio Following a Donation

Passage 3534 of 9271 · Latin

Summary

It is explained that the running of the prescriptive period for usucapio is not interrupted when a donation is made between strangers who subsequently marry, or when a donation between spouses is followed by the dissolution of their marriage.

[PAULUS libro septimo ad Sabinum. ] §24.1.24.prSi inter extraneos facta sit donatio et antequam per tempus legitimum dominium fuerit adquisitum, coierint, uel contra si inter uirum et uxorem facta sit donatio et ante impletum tempus supradictum solutum sit matrimonium, nihilo minus procedere temporis suffragium constat, quia altero modo sine uitio tradita est possessio, altero quod fuerit uitium, amotum sit.
[PAULUS, in the seventh book on Sabinus.] If a donation is made between strangers and, before ownership is acquired through the statutory period of time, they marry; or, conversely, if a donation is made between husband and wife and, before the aforementioned period is completed, the marriage is dissolved; it is nevertheless established that the benefit of time continues, because in the one case possession was delivered without defect, and in the other, the defect which had existed has been removed.

Notes

  1. §24.1.24.prcoierint — The verb coire ('to come together') is used here in the sense of entering into marriage (in matrimonium coire). The subject is the previously mentioned extranei (strangers/non-spouses).
  2. §24.1.24.prtemporis suffragium — Literally 'the support/suffrage of time', referring legally to the accumulation of the period of possession required to complete usucapio (acquisition by prescription) and the benefit arising from its continuation.
  3. §24.1.24.prquod fuerit uitium, amotum sit — The relative clause quod fuerit uitium refers to 'the defect which had existed' (i.e., the defect of being a donation between spouses) and serves as the subject of amotum sit. The subjunctive fuerit is due to attraction to the subjunctive amotum sit, or because of the indirect/recurrent statement within the quia clause.

Cite this passage

Justinian I, The Digest of Justinian §24.1.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.24.pr

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