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Justinian I · The Digest of Justinian §41.1.43.pr-41.1.43.2

Acquisition through Possessed and Usufructuary Slaves

Passage 6673 of 9271 · Latin

Summary

This section explains the acquisition limits of a slave possessed in good faith, the nature of incorporeal things, and the determination of ownership when a slave subject to a usufruct purchases another slave.

[GAIUS libro septimo ad edictum prouinciale. ] §41.1.43.prSeruus, qui bona fide possidetur, id quod ex re alterius est possessori non adquirit.
[GAIUS, from the Commentary on the Provincial Edict, book 7] A slave who is possessed in good faith does not acquire for his possessor that which comes from the property of another.
§41.1.43.1Incorporales res traditionem et usucapionem non recipere manifestum est.
It is manifest that incorporeal things do not admit of delivery and usucapion.
§41.1.43.2Cum seruus, in quo alterius usus fructus est, hominem emit et ei traditus sit, antequam pretium soluat, in pendenti est, cui proprietatem adquisierit: et cum ex peculio, quod ad fructuarium pertinet, soluerit, intellegitur fructuarii homo fuisse: cum uero ex eo peculio, quod proprietarium sequitur, soluerit, proprietarii ex post facto fuisse uidetur.
When a slave, in whom another has a usufruct, buys a man and he is delivered to him, before he pays the price, it is in suspense for whom he has acquired the ownership; and when he pays from the peculium which belongs to the usufructuary, the man is understood to have been the property of the usufructuary; but when he pays from that peculium which goes to the owner, he is seen ex post facto to have been the property of the owner.

Notes

  1. §41.1.43.2in pendenti est — A legal idiom meaning "is in suspense" or "is pending," describing a state of temporary uncertainty where the ownership is eventually resolved with retroactive effect depending on the source of the payment.
  2. §41.1.43.2cui proprietatem adquisierit — The dative "cui" is a dative of benefit indicating for whom the ownership is acquired, introducing the indirect question clause.
  3. §41.1.43.2fuisse uidetur — The perfect infinitive "fuisse" indicates that, upon payment ("soluerit"), the slave is retroactively deemed "to have been the property" of the owner from the very moment of delivery, which is emphasized by "ex post facto".

Cite this passage

Justinian I, The Digest of Justinian §41.1.43.pr-41.1.43.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.43.pr-41.1.43.2

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