Humanitext Reader

Justinian I · The Digest of Justinian §41.1.53.pr

Distinction between Civil and Natural Acquisition

Passage 6683 of 9271 · Latin

Summary

This section explains that civil acquisitions, such as a stipulation, are made through those under one's power, whereas natural acquisitions, such as possession, can be made through any person, provided there is an intent to possess.

[IDEM libro quarto decimo ad Quintum Mucium. ] §41.1.53.prEa quae ciuiliter adquiruntur per eos, qui in potestate nostra sunt, adquirimus, ueluti stipulationem: quod naturaliter adquiritur, sicuti est possessio, per quemlibet uolentibus nobis possidere adquirimus.
[THE SAME, from the commentary on Quintus Mucius, book 14] We acquire those things which are acquired civilly through those who are under our power, such as a stipulation; but that which is acquired naturally, as is possession, we acquire through anyone whomsoever, if we wish to possess.

Notes

  1. §41.1.53.prIDEM — Although textually referring to the author of the immediately preceding fragment (Modestinus) due to the compilation's order, "IDEM" philologically refers to Pomponius. The translation preserves the literal wording of the Latin text.
  2. §41.1.53.prEa quae ciuiliter adquiruntur — The neuter plural accusative demonstrative pronoun `ea` serves as the direct object of the main verb `adquirimus` and is modified by the relative clause `quae ciuiliter adquiruntur`.
  3. §41.1.53.pruolentibus nobis possidere — This is an ablative absolute phrase containing the present participle `uolentibus` with the subject `nobis`, taking the infinitive `possidere` as its complement, expressing a condition: "if we wish to possess."

Cite this passage

Justinian I, The Digest of Justinian §41.1.53.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.53.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.