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Justinian I · The Digest of Justinian §41.2.22.pr

Invalidity of Possession Obtained Without Power to Retain

Passage 6720 of 9271 · Latin

Summary

It explains that a person who has obtained a thing in such a way that they cannot retain it is not deemed to have acquired legal possession.

[IDEM libro tertio decimo ex Cassio. ] §41.2.22.prNon uidetur possessionem adeptus is qui ita nactus est, ut eam retinere non possit.
[THE SAME, in the thirteenth book of his epitomes of Cassius.] He who has obtained possession in such a way that he cannot retain it is not deemed to have acquired possession.

Notes

  1. §41.2.22.prNon uidetur possessionem adeptus — is not deemed to have acquired possession. The verb uideri (uideor) is used here in a personal construction (nominativus cum infinitivo) rather than an impersonal one, taking the subject is (the antecedent of qui). Therefore, the perfect participle adeptus is in the nominative case with the infinitive esse omitted. Both adipiscor (to acquire) and nanciscor (to obtain, in the relative clause) are deponent verbs, meaning their perfect participles have active meanings.

Cite this passage

Justinian I, The Digest of Justinian §41.2.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.2.22.pr

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