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Justinian I · The Digest of Justinian §41.2.8.pr

Requirements of Mind and Body in Possession

Passage 6706 of 9271 · Latin

Summary

Paulus explains that, just as the acquisition of possession requires both intention and body, its loss also requires that both elements operate in the contrary way.

[IDEM libro sexagensimo quinto ad edictum. ] §41.2.8.prQuemadmodum nulla possessio adquiri nisi animo et corpore potest, ita nulla amittitur, nisi in qua utrumque in contrarium actum est.
[THE SAME AUTHOR, in the sixty-fifth book on the Edict.] Just as no possession can be acquired except by intention and body, so none is lost, unless in which both have been acted in the contrary direction.

Notes

  1. §41.2.8.prnisi in qua utrumque in contrarium actum est — The antecedent of `in qua` is the feminine singular noun `possessio`, understood from the preceding `nulla [possessio]`. `utrumque` (neuter singular nominative) refers to both `animus` (masculine) and `corpus` (neuter) from the previous clause. `in contrarium actum est` (literally 'has been acted to the contrary') means that the opposite state to what is required for acquisition has occurred for both elements (i.e., loss of intention and loss of physical holding).

Cite this passage

Justinian I, The Digest of Justinian §41.2.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.2.8.pr

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