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Justinian I · The Digest of Justinian §41.3.24.pr-41.3.24.1

Prohibition of Usucapion and Curing of Real Defects for Heirs

Passage 6776 of 9271 · Latin

Summary

This chunk discusses the relation between the statutory prohibition of usucapion and the possessor's good faith, and the special case where an heir can proceed with usucapion if the real (rather than personal) defect of the property is cured.

[POMPONIUS libro uicensimo quarto ad Quintum Mucium. ] §41.3.24.prUbi lex inhibet usucapionem, bona fides possidenti nihil prodest.
[POMPONIUS, On Quintus Mucius, book 24] Where the law prohibits usucapion, good faith is of no avail to the possessor.
§41.3.24.1Interdum etiamsi non fuerit inchoata usucapio a defuncto, procedit heredi eius: ueluti si uitium, quod obstabat non ex persona, sed ex re, purgatum fuerit, ut puta si fisci res esse desierit aut furtiua aut ui possessa.
Sometimes, even if usucapion was not begun by the deceased, it proceeds for his heir: as for instance, if the defect which stood in the way, not of a personal but of a real nature, has been purged; as when a thing has ceased to belong to the treasury, or to be a stolen thing, or one possessed by force.

Notes

  1. 41.3.24.1non ex persona, sed ex re — It means that the impediment to usucapion arises not from subjective factors ("from the person," such as bad faith) but from objective factors ("from the thing," such as the legal status of the object being a treasury property or stolen).
  2. 41.3.24.1procedit heredi eius — The subject of procedit is usucapion. While it usually means "to continue for the heir," here, since usucapion was not even begun by the deceased, it means "to proceed or become effective for the heir (as a new usucapion)."

Cite this passage

Justinian I, The Digest of Justinian §41.3.24.pr-41.3.24.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.3.24.pr-41.3.24.1

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