Humanitext Reader

Justinian I · The Digest of Justinian §41.3.13.pr-41.3.13.2

Usucapion of Pledges, from Insane Sellers, and via Mandate

Passage 6765 of 9271 · Latin

Summary

This chunk rules on the exclusion of usucapion for pledged items, the validity of usucapion when purchasing in good faith from an insane person, and the acquisition of land by usucapion when bought under a mandate.

[IDEM libro quinto ad Plautium. ] §41.3.13.prPignori rem acceptam usu non capimus, quia pro alieno possidemus.
[THE SAME, On Plautius, book 5] We do not acquire by usucapion a thing received as a pledge, because we possess it as another's.
§41.3.13.1Eum, qui a furioso bona fide emit, usucapere posse responsum est.
It has been answered that he who buys in good faith from a madman can acquire by usucapion.
§41.3.13.2Si mandauero tibi, ut fundum emas, ex ea causa traditum tibi diutina possessione capis, quamuis possis uideri non pro tuo possidere, cum nihil intersit, quod mandati iudicio tenearis.
If I commission you to buy a tract of land, you acquire by long-term possession what has been delivered to you on that account, although you might seem not to possess it as your own, since it makes no difference that you are bound by the action on mandate.

Notes

  1. 41.3.13.prpignori — Dative of purpose, which combined with the participle `acceptam` expresses the purpose or role of being received "as a pledge."
  2. 41.3.13.2quod mandati iudicio tenearis — A noun clause introduced by `quod`, serving as the subject of (or in apposition to `nihil` with) the impersonal verb `intersit`, meaning "the fact that you are bound by the action on mandate."

Cite this passage

Justinian I, The Digest of Justinian §41.3.13.pr-41.3.13.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.3.13.pr-41.3.13.2

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.