[IDEM libro quinto interdictorum. ] §41.2.53.prAduersus extraneos uitiosa possessio prodesse solet.
[THE SAME, in the fifth book on Interdicts.] Against third parties, a defective possession is usually of benefit.
Justinian I · The Digest of Justinian §41.2.53.pr
Efficacy of Defective Possession Against Third Parties
Summary
It explains that the defect of possession is relative, meaning that even a defective possession can be legally effective and protected against third parties.
Notes
- §41.2.53.pruitiosa possessio — This refers to "defective possession" acquired by force (vi), stealth (clam), or precarium (precario). In Roman law, defects of possession are relative, meaning they can only be asserted by the specific person who was dispossessed. Against unrelated third parties (extraneos), even a defective possessor can enjoy legal remedies like interdicts, making the possession advantageous (prodesse) to them.
Cite this passage
Justinian I, The Digest of Justinian §41.2.53.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.2.53.pr
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