Humanitext Reader

Justinian I · The Digest of Justinian §41.2.46.pr

Retention of Possession Solely by Intent and Ignorance of Intrusion

Passage 6744 of 9271 · Latin

Summary

Papinian argues that possession held by intent alone is not lost even if another enters the land, as long as the prior possessor is ignorant of it, drawing an analogy to the dissolution of obligations.

[IDEM libro uicensimo tertio quaestionum. ] §41.2.46.prquamuis saltus proposito possidendi fuerit alius ingressus, tamdiu priorem possidere dictum est, quamdiu possessionem ab alio occupatam ignoraret.
[THE SAME, in the twenty-third book of Questions.] Although another person has entered a pasture with the intention of possessing it, the former possessor is said to possess it as long as he is ignorant that the possession has been occupied by another.
ut enim eodem modo uinculum obligationum soluitur, quo quaeri adsolet, ita non debet ignoranti tolli possessio quae solo animo tenetur.
For, just as the bond of obligations is dissolved in the same manner in which it is usually contracted, so possession which is held by intent alone ought not to be taken away from one who is ignorant of the fact.

Notes

  1. §41.2.46.prproposito possidendi — proposito is the ablative (of manner or means) of the noun propositum ("intention, purpose"), and possidendi is the genitive of the gerund of possidere. Together they mean "with the intention of possessing."
  2. §41.2.46.prignoranti — Dative singular of the present participle ignorans ("ignorant"). It functions as a dative of separation (or disadvantage) with tolli (passive infinitive of tollere, "to take away"), meaning "from one who is ignorant."
  3. §41.2.46.prquaeri adsolet — quaeri is the passive infinitive of quaerere ("to acquire, contract"), complementing adsolet ("it is customary"). It refers to the establishment or contracting of obligations.

Cite this passage

Justinian I, The Digest of Justinian §41.2.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.2.46.pr

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