Humanitext Reader

Justinian I · The Digest of Justinian §41.2.16.pr

Nature of Possession in Donations between Spouses

Passage 6714 of 9271 · Latin

Summary

This section explains that property donated between spouses is possessed merely "as possessor" (without a valid legal title), because donations between husband and wife are legally void.

[ULPIANUS libro septuagensimo tertio ad edictum. ] §41.2.16.prQuod uxor uiro aut uir uxori donauit, pro possessore possidetur.
[ULPIANUS, in the seventy-third book on the Edict.] What a wife has donated to her husband, or a husband to his wife, is possessed as possessor.

Notes

  1. §41.2.16.prpro possessore — Because donations between spouses are generally void under Roman law, the recipient cannot claim a valid title of possession based on "donation" (*pro donato*). Instead, they are considered to possess the property merely "as possessor" (*pro possessore*), which denotes a possessor without any legal title.

Cite this passage

Justinian I, The Digest of Justinian §41.2.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.2.16.pr

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