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Justinian I · The Digest of Justinian §25.2.29.pr

Valuation of Removed Property and Denial of Usucapion

Passage 3704 of 9271 · Latin

Summary

Establishes the reference time for valuing things removed by a spouse, and explains that since the act is substantively a theft, usucapion by a good-faith possessor is barred and the valuation increases if the property is not restored after rising in value.

[TRYPHONINUS libro undecimo disputationum. ] §25.2.29.prRerum amotarum aestimatio ad tempus quo amotae sunt referri debet: nam ueritate furtum fit, et si lenius coercetur mulier.
[TRYPHONINUS, Disputations, book 11.] The valuation of things removed must be referred to the time when they were removed; for in truth a theft is committed, even if the woman is punished more leniently.
quare nec a bonae fidei possessore ita res amotae usucapiuntur: sed si pluris factae non restituuntur quae amotae sunt, crescit aestimatio, ut in condictione furtiuae rei.
Therefore, things thus removed cannot be acquired by usucapion even by a possessor in good faith; but if the things that were removed, having become more valuable, are not restored, the valuation increases, as in the case of a personal action for stolen property.

Notes

  1. §25.2.29.prueritate — A singular ablative of the noun ueritas (truth, reality), functioning adverbially to mean 'in truth' or 'substantively.' It indicates that although the act is treated leniently as 'removal' (amotio) due to the marital relation, its legal substance remains 'theft' (furtum).
  2. §25.2.29.pret si — Synonymous with the concessive conjunction etsi. It introduces a concessive clause with the indicative present passive coercetur (is punished), meaning 'even if' or 'although.'
  3. §25.2.29.prpluris factae — The word pluris is a genitive of value, and factae is a perfect participle (feminine nominative plural) agreeing with the omitted subject res (the antecedent of quae amotae sunt). The phrase si pluris factae non restituuntur forms a conditional clause meaning 'if, having become more valuable, they are not restored.'

Cite this passage

Justinian I, The Digest of Justinian §25.2.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:25.2.29.pr

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