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Justinian I · The Digest of Justinian §41.3.17.pr

Adjudication of Common Property and Usucapion by Mistake

Passage 6769 of 9271 · Latin

Summary

Discusses whether acquisition by long duration is possible when one begins to possess another's land by mistake under an adjudication in an action for dividing common property.

[MARCELLUS libro septimo decimo digestorum. ] §41.3.17.prSi per errorem de alienis fundis quasi de communibus iudicio communi diuidundo accepto ex adiudicatione possidere coeperim, longo tempore capere possum.
[MARCELLUS, Digests, book 17] If, by mistake concerning another's lands as if they were common, once an action for dividing common property has been accepted, I have begun to possess them on the basis of an adjudication, I can acquire them by long duration.

Notes

  1. 41.3.17.priudicio communi diuidundo accepto — Ablative absolute construction. It means "when an action for dividing common property (iudicium communi dividundo) has been accepted (reached litis contestatio)". In Roman law, "iudicium accipere" refers to the formal acceptance of the formula by the parties, marking the commencement of the trial.
  2. 41.3.17.prlongo tempore capere — 'longo tempore' is an ablative of means ("by a long period of time"). 'capere' here is used in the sense of 'usucapere' (to acquire by usucapion), so the phrase refers to the legal effect of acquiring ownership through long-term possession.

Cite this passage

Justinian I, The Digest of Justinian §41.3.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.3.17.pr

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