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Justinian I · The Digest of Justinian §41.4.1.pr

Usucapion as a Purchaser by a Possessor Paying the Valuation

Passage 6802 of 9271 · Latin

Summary

It states that a possessor who has paid the monetary valuation of the property in dispute begins to possess under the title of "as a purchaser," which serves as a basis for usucapion.

[GAIUS libro sexto ad edictum prouinciale. ] §41.4.1.prPossessor, qui litis aestimationem optulit, pro emptore incipit possidere.
[GAIUS, Book 6 on the Provincial Edict] A possessor who has offered the valuation of the suit begins to possess as a purchaser.

Notes

  1. §41.4.1.prlitis aestimationem — The monetary valuation of the object of the lawsuit (lis). In Roman civil procedure, if a defendant (possessor) paid this valuation (aestimatio) instead of restoring the property itself, they acquired a legal position analogous to that of a purchaser.
  2. §41.4.1.prpro emptore — "As a purchaser." This is one of the lawful titles (causa) that justify usucapion. Not only when there is an actual contract of sale, but also in cases like the present one where the possessor has paid the valuation of the suit, the possession is treated as being held under this title.

Cite this passage

Justinian I, The Digest of Justinian §41.4.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.4.1.pr

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