Humanitext Reader

Justinian I · The Digest of Justinian §41.6.6.pr

Usucaption as a Gift in a Sale Made for Donative Purposes

Passage 6826 of 9271 · Latin

Summary

This section explains that when a sale is made for the purpose of a gift, the delivered property is usucapted "as a gift" rather than "as a purchaser."

[HERMOGENIANUS libro secundo iuris epitomarum. ] §41.6.6.prDonationis causa facta uenditione non pro emptore, sed pro donato res tradita usucapitur.
[HERMOGENIANUS, from his second book of Epitomes of Law.] Where a sale has been made for the purpose of a gift, the property delivered is usucapted not as purchaser, but as a gift.

Notes

  1. §41.6.6.prdonationis causa facta uenditione — An ablative absolute consisting of the noun `uenditione` and the perfect participle `facta`, expressing a conditional circumstance ("when a sale has been made"). `donationis causa` is a genitive of purpose (the genitive followed by `causa`), meaning "for the purpose of a gift."
  2. §41.6.6.prpro emptore, sed pro donato — The preposition `pro` followed by the ablative indicates the lawful title (iustus titulus) for usucapion. `pro emptore` means "as purchaser" (by title of sale), and `pro donato` means "as a gift" (by title of gift), indicating that if the transaction is substantively a gift despite being in the form of a sale, the gift serves as the basis for usucapion.

Cite this passage

Justinian I, The Digest of Justinian §41.6.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.6.6.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.