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Justinian I · The Digest of Justinian §41.3.12.pr

No Usucapion for Bad-Faith Purchases from Barred Persons

Passage 6764 of 9271 · Latin

Summary

This fragment rules that if someone buys property from a person whom the praetor has forbidden to alienate, knowing this fact, they cannot acquire it by usucapion.

[IDEM libro uicensimo primo ad edictum. ] §41.3.12.prSi ab eo emas, quem praetor uetuit alienare, idque tu scias, usucapere non potes.
[THE SAME, On the Edict, book 21] If you should buy from someone whom the praetor has forbidden to alienate, and you know this, you cannot acquire by usucapion.

Notes

  1. 41.3.12.premas ... scias — The present subjunctive (2nd person singular) is used to present a hypothetical situation with an indefinite subject ('you' in the general sense). While the main verb potes is in the indicative present, the subjunctive in the conditional clause is typical for stating general hypotheses or legal rules.
  2. 41.3.12.pridque — The pronoun id refers to the entire content of the preceding relative clause, namely 'that the praetor forbade him to alienate'. Thus, it conditions the buyer's lack of good faith (i.e., knowledge of the prohibition).

Cite this passage

Justinian I, The Digest of Justinian §41.3.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.3.12.pr

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