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Justinian I · The Digest of Justinian §41.5.4.pr

Usucaption as Heir by Persons with Testamentary Capacity

Passage 6820 of 9271 · Latin

Summary

Paulus states that it is a well-established rule that anyone possessing testamentary capacity can acquire property by usucaption as an heir.

[PAULUS libro quinto ad legem Iuliam et Papiam. ] §41.5.4.prConstat eum, qui testamenti factionem habet, pro herede usucapere posse.
[PAULUS, from his fifth book on the Lex Iulia et Papia.] It is well established that a person who has the capacity to take under a will can acquire by usucaption as an heir.

Notes

  1. §41.5.4.prConstat eum — The impersonal verb *constat* ('it is well established') takes an accusative with infinitive (AcI) construction as its subject, with *eum* as the subject accusative and *posse* as the infinitive. *eum* is modified by the relative clause *qui testamenti factionem habet*.
  2. §41.5.4.prtestamenti factionem habet — While *testamenti factio* can refer to both the capacity to make a will (active) and the capacity to take under a will (passive), here it refers to the passive capacity (the qualification to be appointed as an heir), which is the prerequisite for acquiring property *pro herede*.

Cite this passage

Justinian I, The Digest of Justinian §41.5.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.5.4.pr

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