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Justinian I · The Digest of Justinian §41.7.7.pr

Denial of Usucapion for Jettisoned Goods

Passage 6833 of 9271 · Latin

Summary

Discusses the case of goods thrown overboard from a ship, stating that since they are not considered truly abandoned, the finder cannot acquire them by usucapion as abandoned.

[IDEM libro secundo ex Minicio. ] §41.7.7.prSi quis merces ex naue iactatas inuenisset, num ideo usucapere non possit, quia non uiderentur derelictae, quaeritur.
[THE SAME, from his second book on Minicius.] If anyone should have found goods thrown overboard from a ship, the question is raised whether he cannot acquire them by usucapion for the reason that they would not seem to be abandoned.
sed uerius est eum pro derelicto usucapere non posse.
But the truer view is that he cannot acquire them by usucapion as abandoned.

Notes

  1. §41.7.7.prinuenisset — The pluperfect subjunctive in the conditional clause Si quis..., expressing a hypothetical event prior to the main question.
  2. §41.7.7.prnum ... possit — Introduces an indirect question acting as the subject of the passive verb quaeritur. The particle num conveys a sense of doubt or a negative expectation.
  3. §41.7.7.pruiderentur — The imperfect subjunctive in the reason clause quia, indicating a subjective reason or a reason framed within indirect discourse (how they 'appeared' to the parties involved).
  4. §41.7.7.pruerius est eum pro derelicto usucapere non posse — An accusative with infinitive (A.C.I.) construction (eum... posse) serving as the subject of the impersonal expression uerius est.

Cite this passage

Justinian I, The Digest of Justinian §41.7.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.7.7.pr

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