Usucaption in Gifts of Another's Property Between Spouses

Notes

1. §41.6.3.pruerum est, quod Trebatius putabat, ... usucapionem possidenti procedere — The relative clause quod Trebatius putabat (what Trebatius thought) can be interpreted as the subject of uerum est, with the accusative-with-infinitive clause usucapionem ... procedere standing in apposition to explain its content. Alternatively, the infinitive clause can be taken as the subject of uerum est, and the quod clause as a parenthetical insertion meaning "as Trebatius thought". In either case, the legal conclusion of Trebatius is affirmed as correct.
2. §41.6.3.prsi pauperior is qui donasset non fieret — This subjunctive clause (imperfect subjunctive fieret in the condition) expresses the exception to the rule prohibiting gifts between husband and wife. The pluperfect subjunctive donasset within the relative clause represents an action prior to the main framework of thought, assimilated into the subjunctive mood. It indicates that since the gift consists of another's property, the donor's estate is not diminished, which justifies the running of usucaption.