[IAUOLENUS libro septimo ex Cassio. ] §41.2.21.prInterdum eius possessionem, cuius ipsi non habemus, alii tradere possumus, ueluti cum is, qui pro herede rem possidebat, antequam dominus fieret, precario ab herede eam rogauit.
[JAVOLENUS, in the seventh book of his epitomes of Cassius.] Sometimes we can transfer to another the possession of a thing of which we ourselves do not have possession, for example, when he who was possessing a thing as heir, before he became owner, requested it from the heir as a precarium.
§41.2.21.1Quod ex naufragio expulsum est, usucapi non potest, quoniam non est in derelicto, sed in deperdito.
What has been cast up from a shipwreck cannot be acquired by usucapion, since it is not classified as abandoned, but as lost.
§41.2.21.2Idem iuris esse existimo in his rebus, quae iactae sunt: quoniam non potest uideri id pro derelicto habitum, quod salutis causa interim dimissum est.
I think that the same rule of law applies to those things which have been thrown overboard; since that which has been temporarily cast away for the sake of safety cannot be deemed to be abandoned.
Qui alienam rem precario rogauit, si eandem a domino conduxit, possessio ad dominum reuertitur.
He who has requested another's thing as a precarium, if he has hired the same thing from the owner, the possession returns to the owner.