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Justinian I · The Digest of Justinian §41.10.2.pr

Possession as One's Own of Fruits and Captures

Passage 6848 of 9271 · Latin

Summary

Paulus discusses the category of possession "as one's own", giving examples such as things captured from nature, things acquired by river alluvion, and offspring or fruits born from other possessed assets.

[PAULUS libro quinquagensimo quarto ad edictum. ] §41.10.2.prEst species possessionis, quae uocatur pro suo.
[PAUL, from his fifty-fourth book on the Edict.] There is a species of possession which is called "as one's own".
hoc enim modo possidemus omnia, quae mari terra caelo capimus aut quae alluuione fluminum nostra fiunt.
For in this way we possess all things which we capture by sea, on land, or from the sky, or which become ours by the alluvion of rivers.
item quae ex rebus alieno nomine possessis nata possidemus, ueluti partum hereditariae aut emptae ancillae, pro nostro possidemus: similiter fructus rei emptae aut donatae aut quae in hereditate inuenta est.
Likewise, we possess as our own those things which, being born from things possessed in another's name, we possess, such as the offspring of a female slave who has been inherited or purchased; and similarly the fruits of a thing purchased or given, or which was found in an inheritance.

Notes

  1. §41.10.2.prmari terra caelo — Ablatives of place without the preposition in, meaning "by sea, on land, from the sky" (or alternatively, ablatives of means showing the method of capture).
  2. §41.10.2.prquae ex rebus alieno nomine possessis nata possidemus — quae (neuter plural accusative) is the object of possidemus, and nata (neuter plural accusative participle) is in apposition to quae, indicating "we possess them as things born from...". alieno nomine possessis is a perfect passive participle modifying rebus, which is governed by the preposition ex.
  3. §41.10.2.prsimiliter fructus — The verb phrase pro nostro possidemus ("we possess as our own") from the preceding clause is implied, meaning "likewise [we possess as our own] the fruits". fructus is accusative plural.

Cite this passage

Justinian I, The Digest of Justinian §41.10.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.10.2.pr

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