Humanitext Reader

Justinian I · The Digest of Justinian §39.6.33.pr

Usucaption of Another's Property Given Mortis Causa

Passage 6283 of 9271 · Latin

Summary

Explains that if someone acquires by usucaption another's property delivered mortis causa, they are deemed to have acquired it from the donor who provided the opportunity for usucaption, rather than from the original owner.

[PAULUS libro quarto ad Plautium. ] §39.6.33.prQui alienam rem mortis causa traditam usucepit, non ab eo uideretur cepisse, cuius res fuisset, sed ab eo, qui occasionem usucapionis praestitisset.
[PAULUS, on Plautius, book 4.] He who has acquired by usucaption another's property delivered mortis causa would not be deemed to have acquired it from him whose property it had been, but from him who had provided the opportunity for usucaption.

Notes

  1. §39.6.33.pruideretur — Imperfect subjunctive. It indicates a judgment in a hypothetical situation, or functions as a tentative/potential expression when Paulus quotes or confirms the opinion of the jurist he is commenting on (Plautius).
  2. §39.6.33.prfuisset ... praestitisset — Pluperfect subjunctives. In the relative clauses (cuius res fuisset and qui... praestitisset), they reflect sequence of tenses dependent on the past-tense uideretur, expressing a subjective or indirect definition by the speaker ('the person who is assumed to have been...').

Cite this passage

Justinian I, The Digest of Justinian §39.6.33.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.6.33.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.