Justinian I · The Digest of Justinian §41.8.6.pr

Belief in Deceased Ownership and Usucapion of Legacy

Passage 6840 of 9271 · Latin

Summary

Following the previous fragment, this section specifies the subjective requirement for usucapion under the title of legacy, stating that the recipient must believe the property belonged to a deceased person.

[POMPONIUS libro trigensimo secundo ad Sabinum. ] §41.8.6.prsi is, cui tradita est, mortui esse existimauerit.

[POMPONIUS, from his thirty-second book on Sabinus.] if the person to whom it has been delivered believed that it belonged to a deceased person.

Notes

§41.8.6.prmortui esse — This is an accusative with infinitive (AcI) construction serving as the object of the verb 'existimauerit', where the subject accusative (referring to 'ea res' in the previous fragment) is omitted. 'mortui' is a possessive genitive, meaning 'belonging to a deceased person'.

Cite this passage

Justinian I, The Digest of Justinian §41.8.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.8.6.pr

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