Humanitext Reader

Justinian I · The Digest of Justinian §41.8.5.pr

Usucapion of a Legacy Delivered While Owner Is Alive

Passage 6839 of 9271 · Latin

Summary

It is stated that a thing delivered on the ground of legacy can be acquired by usucapion under that title, even if its owner is still alive.

[IAUOLENUS libro septimo ex Cassio. ] §41.8.5.prEa res, quae legati nomine tradita est, quamuis dominus eius uiuat, legatorum tamen nomine usucapietur,
[JAVOLENUS, from his seventh book on Cassius.] A thing which has been delivered under the name of legacy, although its owner is alive, will nevertheless be acquired by usucapion under the name of legacies.

Notes

  1. 41.8.5.prquamuis dominus eius uiuat — The conjunction quamuis with the present subjunctive uiuat expresses a concession ("although its owner is alive" or "even if its owner is alive"). This refers to a case where delivery was mistakenly made while the testator was still alive, or where a third party's property was bequeathed and the true owner is still alive.
  2. 41.8.5.prlegatorum tamen nomine — While the preceding clause used the singular genitive legati nomine, here the plural genitive legatorum is used. Functionally, it has the same legal meaning: usucapion "on the ground of legacy" (pro legato).

Cite this passage

Justinian I, The Digest of Justinian §41.8.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.8.5.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.