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Justinian I · The Digest of Justinian §41.3.47.pr

Usucapion of Goods Bought by an Agent without Knowledge

Passage 6799 of 9271 · Latin

Summary

The text explains that if an agent acquires a purchased thing without the principal's knowledge, the principal cannot acquire it by usucapion unless it concerns peculiar property (peculium), as usucapion without knowledge is generally not allowed.

[PAULUS libro tertio ad Neratium. ] §41.3.47.prSi emptam rem mihi procurator ignorante me meo nomine adprehenderit, quamuis possideam, eam non usucapiam, quia ut ignorantes usuceperimus, in peculiaribus tantum rebus receptum est.
[PAULUS, On Neratius, book 3] If, without my knowledge, my agent takes possession in my name of a thing bought for me, although I may possess it, I shall not acquire it by usucapion; because the rule that we acquire by usucapion without our knowledge has been accepted only in the case of peculiar property.

Notes

  1. §41.3.47.prignorante me — An ablative absolute construction consisting of the present participle ignorante (from ignorans) and the personal pronoun me, indicating the principal's lack of knowledge of the agent's act.
  2. §41.3.47.prut ignorantes usuceperimus — A noun clause introduced by ut with the subjunctive perfect (usuceperimus), serving as the subject of the passive verb receptum est in the main clause. The plural adjective ignorantes agrees with the implied subject of the verb as a predicative nominative, meaning "in ignorance" or "without knowing."

Cite this passage

Justinian I, The Digest of Justinian §41.3.47.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.3.47.pr

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