Humanitext Reader

Justinian I · The Digest of Justinian §41.7.1.pr

Loss of Ownership of Abandoned Property and Occupancy

Passage 6827 of 9271 · Latin

Summary

Explains the ownership of abandoned property, stating that an abandoned thing immediately ceases to belong to us and becomes the property of the occupier, based on the principle that ownership is lost in the same way it is acquired.

[ULPIANUS libro duodecimo ad edictum. ] §41.7.1.prSi res pro derelicto habita sit, statim nostra esse desinit et occupantis statim fit, quia isdem modis res desinunt esse nostrae, quibus adquiruntur.
[ULPIAN, from his twelfth book on the Edict.] If a thing is regarded as abandoned, it immediately ceases to be ours and immediately becomes the property of the occupier, because things cease to be ours by the same means by which they are acquired.

Notes

  1. §41.7.1.prpro derelicto habita sit — "if it has been held (regarded) as abandoned." The preposition 'pro' (as, for) governs the ablative neuter singular of the perfect participle 'derelictus' (derelicto), used substantively. 'habita sit' is the perfect passive subjunctive of 'habeo' (to hold, regard) in the conditional 'si'-clause.
  2. §41.7.1.prisdem modis ... quibus — "by the same means by which." The ablative plural of the demonstrative pronoun 'idem' ('isdem', ablative of means) correlates with the ablative plural of the relative pronoun 'qui' ('quibus'). This is followed by 'adquiruntur' (are acquired), expressing the symmetrical legal principle that ownership is lost in the same manner as it is acquired.

Cite this passage

Justinian I, The Digest of Justinian §41.7.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.7.1.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.