Justinian I · The Digest of Justinian §4.6.31.pr

Perpetual Action upon Loss of Recovered Possession

Passage 794 of 9271 · Latin

Summary

Explains that if an owner recovers possession of their property which was acquired by usucapion by a person absent on public business, they will have a perpetual rather than a temporary action, even if they subsequently lose that possession again.

[IDEM libro quinquagensimo tertio ad edictum. ] §4.6.31.prSi is, cuius rem usucepit rei publicae causa absens, possessionem suae rei ab illo usucaptae nanctus sit, etsi postea amiserit, non temporalem, sed perpetuam habet actionem.

[THE SAME in the fifty-third book on the Edict.] If a person, whose property someone absent on public business has acquired by usucapion, has obtained possession of his own property which was acquired by usucapion by that person, even if he should afterwards lose it, he has not a temporary but a perpetual action.

Notes

4.6.31.prcuius rem usucepit rei publicae causa absens — In the relative clause, `cuius` is a genitive referring to the antecedent `is` ("whose"), `rei publicae causa absens` ("the person absent on public business") is the subject of the clause, and `rem` is the accusative object of the verb `usucepit`.
4.6.31.prab illo — The ablative of the demonstrative pronoun `ab illo` refers to the subject of the preceding relative clause, `rei publicae causa absens`, expressing the agent of the passive participle `usucaptae` ("acquired by that person").

Cite this passage

Justinian I, The Digest of Justinian §4.6.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.31.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.