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Justinian I · The Digest of Justinian §41.2.39.pr

Intent of Sequestration and the Running of Usucapion

Passage 6737 of 9271 · Latin

Summary

Discusses how depositing a thing with a sequester affects the running of usucapion for the parties or the victor, depending on whether the intention was to abandon possession or merely to place it in custody.

[IDEM libro secundo ex Minicio. ]
[THE SAME, in the second book on Minicius.] I think it is important with what intention a thing is deposited with a sequester.
§41.2.39.prInteresse puto, qua mente apud sequestrum deponitur res. nam si omittendae possessionis causa et hoc aperte fuerit approbatum, ad usucapionem possessio eius partibus non procederet: at si custodiae causa deponatur, ad usucapionem eam possessionem uictori procedere constat.
For if it were deposited for the purpose of relinquishing possession, and this has been clearly proved, its possession would not run towards usucapion for the parties; but if it is deposited for the purpose of custody, it is established that that possession runs towards usucapion for the victor.

Notes

  1. §41.2.39.prInteresse puto — The verb "interesse" is used here in its impersonal sense meaning "to be of importance" or "to make a difference," taking the following indirect question clause "qua mente... deponitur res" as its subject.
  2. §41.2.39.prpartibus non procederet — "partibus" is the dative plural of "pars" (party), functioning as a dative of interest referring to "the parties" to the dispute. "procederet" (imperfect subjunctive) means "would run" or "would accrue" for the purpose of usucapion, serving as the apodosis to the condition introduced by "fuerit" to express a hypothetical consequence.

Cite this passage

Justinian I, The Digest of Justinian §41.2.39.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.2.39.pr

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