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Justinian I · The Digest of Justinian §41.3.46.pr

Usucapion as Paid for Actual and Substitute Performance

Passage 6798 of 9271 · Latin

Summary

Explains the usucapion "as paid" (pro soluto) by a person receiving a thing on account of a debt, noting that it applies not only to what is actually owed but also to anything paid in lieu of the debt.

[HERMOGENIANUS libro quinto iuris epitomarum. ] §41.3.46.prPro soluto usucapit, qui rem debiti causa recipit: et non tantum quod debetur, sed et quodlibet pro debito solutum hoc titulo usucapi potest.
[HERMOGENIANUS, Epitome of Law, book 5] He who receives a thing on account of a debt acquires it by usucapion as paid; and not only what is owed, but also anything paid in lieu of the debt can be acquired by usucapion under this title.

Notes

  1. 41.3.46.prpro soluto — Indicates one of the just titles (tituli) for usucapion. Here, it refers to acquiring a thing by usucapion "as paid" (as a payment), adverbially modifying the verb usucapit.
  2. 41.3.46.prquodlibet pro debito solutum — The indefinite pronoun quodlibet (anything) is modified by the perfect passive participle solutum (paid). pro debito means "instead of/for the debt," and the whole phrase refers to a payment made with something other than what was originally owed (datio in solutum).

Cite this passage

Justinian I, The Digest of Justinian §41.3.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.3.46.pr

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