Humanitext Reader

Justinian I · The Digest of Justinian §4.3.39.pr

Liability for Fraud by Falsely Defending to Aid Usucapion

Passage 700 of 9271 · Latin

Summary

This text explains that a person who falsely presents themselves as a defendant regarding a thing they do not possess, in order to help another acquire it by usucaption, will still be liable for fraud even if they are acquitted in that lawsuit.

[GAIUS libro uicensimo septimo ad edictum prouinciale. ] §4.3.39.prSi te Titio optuleris de ea re quam non possidebas in hoc ut alius usucapiat, et iudicatum solui satisdederis: quamuis absolutus sis, de dolo malo tamen teneberis, et ita Sabino placet.
[GAIUS, in the twenty-seventh book on the Provincial Edict.] If you have presented yourself to Titius as defendant in respect of a thing which you did not possess, in order that another might acquire it by usucaption, and you have given security for the payment of the judgment; although you may have been acquitted, you will nevertheless be held liable for fraud; and this is also the opinion of Sabinus.

Notes

  1. §4.3.39.prte Titio optuleris — The combination of the accusative pronoun te and the verb offerre (here in the future perfect or perfect subjunctive optuleris) refers to presenting oneself to the plaintiff (Titius) as a defendant in a lawsuit. It denotes a situation where someone who is not the actual possessor, and thus lacks standing as a proper defendant, falsely steps forward as such to delay the proceedings.
  2. §4.3.39.priudicatum solui satisdederis — This refers to the security for the payment of the judgment (satisdatio iudicatum solui) required of a defendant in an action in rem. In this context, the imposter defendant, by providing this security, allows the legal proceedings to be formally established and prolonged, thereby enabling the actual possessor to complete the usucapion.

Cite this passage

Justinian I, The Digest of Justinian §4.3.39.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.3.39.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.