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Justinian I · The Digest of Justinian §41.2.52.pr-41.2.52.2

Distinction from Usufruct, Disturbance, and Interdicts

Passage 6750 of 9271 · Latin

Summary

The author discusses the separation of possession from usufruct and ownership, states that prohibiting someone from building constitutes a prohibition of possession, and explains the nature of interdicts that introduce one into possession.

[UENULEIUS libro primo interdictorum. ] §41.2.52.prPermisceri causas possessionis et usus fructus non oportet, quemadmodum nec possessio et proprietas misceri debent: nam neque impediri possessionem, si alius fruatur, neque alterius fructum amputari, si alter possideat.
[VENULEIUS, in the first book on Interdicts.] It is not proper for the causes of possession and of usufruct to be mixed up, just as possession and ownership ought not to be mixed; for neither is possession impeded if another enjoys the usufruct, nor is the usufruct of the one cut off if another possesses.
§41.2.52.1Eum, qui aedificare prohibeatur, possidere quoque prohiberi manifestum est.
It is manifest that he who is prohibited from building is also prohibited from possessing.
§41.2.52.2Species inducendi in possessionem alicuius rei est prohibere ingredienti uim fieri: statim enim cedere aduersarium et uacuam relinquere possessionem iubet, quod multo plus est quam restituere.
A species of introducing someone into the possession of any thing is to prohibit force from being used against one who is entering; for it orders the adversary to withdraw immediately and to leave the possession vacant, which is much more than to restore.

Notes

  1. §41.2.52.prnam neque impediri possessionem... neque alterius fructum amputari... — These accusative and infinitive clauses (impediri... / amputari...) are introduced in indirect discourse to explain the underlying general principle ("possession is not impeded, nor is usufruct curtailed") supporting the prescriptive statement in the preceding sentence.
  2. §41.2.52.2ingredienti — Dative singular masculine of the present participle of the deponent verb ingredior (to enter), representing the person against whom the force is directed ("force being used against one who is entering").
  3. §41.2.52.2quod — A neuter relative pronoun whose antecedent is not a single noun but the entire preceding clause (the fact that the interdict orders the adversary to withdraw and leave the possession vacant), which is then compared with "restituere" (to restore).

Cite this passage

Justinian I, The Digest of Justinian §41.2.52.pr-41.2.52.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.2.52.pr-41.2.52.2

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