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Justinian I · The Digest of Justinian §41.7.6.pr

Usucapion Denied for Property Mistakenly Believed Abandoned

Passage 6832 of 9271 · Latin

Summary

Julianus states that a person cannot acquire a thing by usucapion as abandoned if they falsely believed that the thing had been abandoned.

[IULIANUS libro tertio ad Urseium Ferocem. ] §41.7.6.prNemo potest pro derelicto usucapere, qui falso existimauerit rem pro derelicto habitam esse.
[JULIANUS, from his third book on Urseius Ferox.] No one can acquire by usucapion as abandoned, who has falsely believed that the thing was treated as abandoned.

Notes

  1. §41.7.6.prrem pro derelicto habitam esse — An accusative with infinitive clause (accusative `rem` + infinitive `habitam esse`) serving as the object of the verb `existimauerit` ("believed"). It literally means "that the thing had been treated as abandoned".
  2. §41.7.6.prpro derelicto — A legal category meaning "as abandoned" or "on the ground of abandonment," functioning adverbially with `usucapere` (to acquire by usucapion) and `habitam esse` (to be treated).

Cite this passage

Justinian I, The Digest of Justinian §41.7.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.7.6.pr

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