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Justinian I · The Digest of Justinian §41.4.9.pr

Usucapion of Offspring of a Stolen Slave as Purchaser

Passage 6811 of 9271 · Latin

Summary

It is explained that a person who receives a stolen female slave from a slave under an agreement of freedom can acquire her offspring by usucapion "as a purchaser."

[IDEM libro tertio ad Urseium Ferocem. ] §41.4.9.prQui ob pactionem libertatis ancillam furtiuam a seruo accepit, potest partum eius quasi emptor usucapere.
[THE SAME, from his third book on Urseius Ferox.] He who has received a stolen female slave from a slave in return for an agreement of freedom, can acquire her offspring by usucapion as if he were a purchaser.

Notes

  1. §41.4.9.prquasi emptor — Although no actual sale (emptio uenditio) took place, because the transfer was made in return for an agreement of freedom (pactio libertatis), the recipient is treated as if they were a purchaser (quasi emptor) for the purpose of acquisition by usucapion (usucapion pro emptore).
  2. §41.4.9.prancillam furtiuam — While the stolen female slave herself (res furtiua) cannot be acquired by usucapion, the Roman law rule presupposes that her offspring (partus) can be acquired by a possessor in good faith.

Cite this passage

Justinian I, The Digest of Justinian §41.4.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.4.9.pr

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