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Justinian I · The Digest of Justinian §4.4.45.pr-4.4.45.1

Remedy for Usucapion Before Birth and Tutor Fraud

Passage 747 of 9271 · Latin

Summary

The passage discusses the restoration of an action to one who lost rights by usucapion before birth, and the procedural order when an adversary was acquitted through a tutor's fraud.

[CALLISTRATUS libro primo edicti monitorii. ] §4.4.45.prEtiam ei, qui prius quam nasceretur usucaptum amisit, restituendam actionem Labeo scribit.
[CALLISTRATUS, in the first book on the Warning Edict.] Labeo writes that an action must be restored even to one who, before he was born, lost a thing by usucapion.
§4.4.45.1Imperator Titus Antoninus rescripsit eum, qui fraude tutoris aduersarium suum diceret absolutum et agere eum eo ex integro uellet, licentiam habere prius cum tutore agere.
The Emperor Titus Antoninus replied by rescript that a person who claimed that his adversary had been acquitted through the fraud of his tutor, and who wished to sue him anew, has permission first to bring an action against the tutor.

Notes

  1. §4.4.45.prusucaptum — The neuter accusative singular of the perfect passive participle of usucapere, used substantively or in place of usucapio, serving as the direct object of amisit, meaning 'a thing (or right) lost by usucapion'.
  2. §4.4.45.1eum eo — The manuscript reading 'agere eum eo' is understood in this context as a corruption of, or equivalent to, 'agere cum eo' (to sue him / bring an action against him), and all translations treat it as such.
  3. §4.4.45.1diceret ... uellet — The imperfect subjunctives in the relative clause 'qui... diceret... uellet' are due to the clause being subordinate within the indirect discourse (the accusative and infinitive 'eum... licentiam habere') introduced by the main verb 'rescripsit'.

Cite this passage

Justinian I, The Digest of Justinian §4.4.45.pr-4.4.45.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.4.45.pr-4.4.45.1

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