[IDEM libro secundo institutionum. ] §41.1.10.prAdquiruntur nobis non solum per nosmet ipsos, sed etiam per eos quos in potestate habemus, item per seruos, in quibus usum fructum habemus, item per homines liberos et seruos alienos, quos bona fide possidemus: de quibus singulis diligentius dispiciamus.
[BY THE SAME AUTHOR, Institutes, book 2] We acquire property not only through ourselves, but also through those whom we have in our power, likewise through slaves in whom we have a usufruct, and also through free persons and others' slaves whom we possess in good faith; let us examine each of these more carefully.
§41.1.10.1Igitur quod serui nostri ex traditione nanciscuntur siue quid stipulentur uel ex qualibet alia causa adquirant, id nobis adquiritur: ipse enim, qui in potestate alterius est, nihil suum habere potest, ideoque si heres institutus sit, nisi nostro iussu hereditatem adire non potest, et si iubentibus nobis adierit, hereditas nobis adquiritur, perinde atque si nos ipsi heredes instituti essemus.
Therefore, whatever our slaves obtain by delivery, or stipulate for, or acquire from any other cause whatsoever, is acquired for us; for he himself, who is in the power of another, can have nothing of his own, and therefore, if he is appointed heir, he cannot enter upon the inheritance except by our command, and if he enters at our command, the inheritance is acquired for us, just as if we ourselves had been appointed heirs.
et his conuenienter scilicet legatum nobis per eundem adquiritur.
And agreeably to this, of course, a legacy is acquired for us through the same slave.
§41.1.10.2Non solum autem proprietas per eos, quos in potestate habemus, adquiritur nobis, sed etiam possessio: cuiuscumque enim rei possessionem adepti fuerint, id nos possidere uidemur.
Moreover, not only ownership is acquired for us through those whom we have in our power, but also possession; for of whatever thing they have obtained possession, we are deemed to possess it.
unde etiam per eorum longam possessionem dominium nobis adquiritur.
Hence, also, through their long possession, ownership is acquired for us.
§41.1.10.3De his autem seruis, in quibus tantum usum fructum habemus, ita placuit, ut quidquid ex re nostra uel ex operis suis adquirant, id nobis adquiratur, si quid uero extra eas causas persecuti sint, id ad dominum proprietatis pertinet.
But concerning those slaves in whom we only have a usufruct, it has been decided that whatever they acquire from our property or from their own labor is acquired for us, but if they have obtained anything outside of these causes, it belongs to the owner of the property.
itaque si is seruus heres institutus sit legatumue quid aut ei donatum fuerit, non mihi, sed domino proprietatis adquiritur.
Therefore, if such a slave is appointed heir, or if anything is bequeathed or donated to him, it is acquired not for me, but for the owner of the property.
§41.1.10.4Idem placet de eo, qui nobis bona fide possidetur, siue liber sit siue alienus seruus: quod enim placuit de usufructuario, idem probatur etiam de bonae fidei possessore.
The same is decided concerning him who is possessed by us in good faith, whether he be a free person or another's slave; for what has been decided concerning the usufructuary is also approved concerning the possessor in good faith.
itaque quod extra duas causas adquiritur, id uel ad ipsum pertinet, si liber est, uel ad dominum eius, si seruus est.
Therefore, whatever is acquired outside of the two causes belongs either to himself, if he is free, or to his owner, if he is a slave.
§41.1.10.5Sed bonae fidei possessor cum usuceperit seruum, quia eo modo dominus fit, ex omnibus causis per eum sibi adquirere potest: usufructuarius uero usucapere seruum non potest, primum quia non possidet, sed habet ius utendi fruendi, deinde quoniam scit seruum alienum esse.
But when a possessor in good faith has acquired the slave by usucapion, because in that way he becomes the owner, he can acquire for himself through him from all causes; whereas a usufructuary cannot acquire a slave by usucapion, first because he does not possess him, but has the right of using and enjoying him, and secondly because he knows that the slave belongs to another.