Humanitext Reader

Justinian I · The Digest of Justinian §37.10.4.pr

Time Limits for Ordinary and Carbonian Possession

Passage 5820 of 9271 · Latin

Summary

Julian discusses the relationship between the time limits for petitioning for ordinary and Carbonian possession of goods, explaining that the periods may either run concurrently or separately depending on when the controversy arises and is discovered.

[IULIANUS libro uicensimo quarto digestorum. ] §37.10.4.prIdeo si ex prima parte edicti bonorum possessionem non petierit, alias poterit ex sequenti parte edicti ad exemplum Carboniani accipere bonorum possessionem, alias non poterit.
[IULIANUS libro uicensimo quarto digestorum.] Therefore, if he has not petitioned for the possession of goods from the first part of the edict, in some cases he will be able to receive the possession of goods from the following part of the edict after the example of the Carbonian edict, and in other cases he will not be able to.
nam si confestim post patris mortem controuersia ei facta fuerit, an inter liberos bonorum possessionem accipere possit, simul ad utriusque edicti causam annus cessisse uidebitur: si uero interposito tempore scierit controuersiam sibi moueri, poterit etiam finito tempore, intra quod ex prima parte bonorum possessionem acceperat, ex sequenti bonorum possessionem petere.
For if immediately after the father's death a controversy has been brought against him as to whether he can receive the possession of goods among the children, the year will seem to have run at the same time for the cause of both parts of the edict; but if, after some time has intervened, he should know that a controversy is being brought against him, he will be able, even after the expiration of the time within which he would have received the possession of goods from the first part, to petition for the possession of goods from the following part.
quam cum acceperit, perpetuo possessoriis actionibus utetur: sed si post pubertatem contra eum iudicatum fuerit, denegabuntur ei actiones.
And when he has received it, he will use the possessory actions continuously; but if after puberty judgment should be given against him, the actions will be denied to him.

Notes

  1. §37.10.4.prannus cessisse — In legal Latin, cēdere means that a period of time 'runs' or 'passes'. Here, it indicates that if the father's death and the controversy of status occur at the same time, the one-year petition periods for both the ordinary possession of goods (the first part of the edict) and the Carbonian possession (the following part) will begin to run simultaneously and expire at the same time.
  2. §37.10.4.printra quod ... acceperat — The pluperfect indicative acceperat does not refer to an actual past receipt, but rather indicates the objective or hypothetical statutory period of one year 'within which he would have received' or 'was supposed to receive' the ordinary possession of goods. The relative clause modifies the temporal framework (intra quod [tempus]).

Cite this passage

Justinian I, The Digest of Justinian §37.10.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.10.4.pr

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