Humanitext Reader

Justinian I · The Digest of Justinian §41.3.7.pr

Specific Example of the Completion of Usucapion

Passage 6759 of 9271 · Latin

Summary

As a concrete example of the rule that the entire last day is computed, it explains that a one-year usucapion starting at midday on January 1st is completed on the night of the preceding day, December 31st.

[IDEM libro uicensimo septimo ad Sabinum. ] §41.3.7.prIdeoque qui hora sexta diei kalendarum Ianuariarum possidere coepit, hora sexta noctis pridie kalendas Ianuarias implet usucapionem.
[THE SAME, On Sabinus, book 27] And therefore, he who began to possess at the sixth hour of the day of the Kalends of January completes the usucapion at the sixth hour of the night on the day before the Kalends of January.

Notes

  1. §41.3.7.primplet usucapionem — This is a concrete application of the rule established in the previous section (41.3.6.pr) that "we compute the entire last day." In a one-year usucapion starting on January 1st, a strict "moment to moment" calculation would require waiting until the same hour (the sixth hour of the day) of January 1st of the following year. However, because the final day, December 31st (pridie kalendas Ianuarias), is computed as a whole, the usucapion is deemed completed already at the sixth hour of the night of that day (before the literal calendar year has fully run its course).

Cite this passage

Justinian I, The Digest of Justinian §41.3.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.3.7.pr

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.