[PAULUS libro duodecimo ad edictum. ] §4.6.30.prCum miles qui usucapiebat decesserit et heres impleuerit usucapionem, aequum est rescindi quod postea usucaptum est, ut eadem in heredibus, qui in usucapionem succedunt, seruanda sint: quia possessio defuncti quasi iniuncta descendit ad heredem et plerumque nondum hereditate adita completur.
[PAULUS in the twelfth book on the Edict.] When a soldier who was acquiring by usucapion has died and his heir has completed the usucapion, it is equitable that what was subsequently acquired by usucapion be rescinded, so that the same rules are to be observed in the case of heirs who succeed to the usucapion; because the possession of the deceased descends to the heir as if joined to it, and is usually completed before the inheritance has been entered.
§4.6.30.1Si is, qui rei publicae causa afuit, usucepit et post usucapionem alienauerit rem, restitutio facienda erit et licet sine dolo afuerit et usuceperit, lucro eius occurri oportet.
If a person who was absent on public business has acquired by usucapion and has alienated the property after the usucapion, restitution must be granted; and even though he was absent and acquired by usucapion without fraud, his gain must be counteracted.
item ex reliquis omnibus causis restitutio facienda erit, ueluti si aduersus eum pronuntiatum sit.
Likewise, restitution must be granted for all other causes, for example, if judgment has been given against him.