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Justinian I · The Digest of Justinian §41.8.8.pr

Flawless Entry into Possession and Usucapion of a Legacy

Passage 6842 of 9271 · Latin

Summary

Discusses that usucapion of a bequeathed thing is allowed when a legatee enters into its undelivered possession without vice.

[PAPINIANUS libro uicensimo tertio quaestionum. ] §41.8.8.prSi non traditam possessionem ingrediatur sine uitio legatarius, legatae rei usucapio competit.
[PAPINIAN, from his twenty-third book of Questions.] If a legatee enters, without vice, into a possession that has not been delivered, the usucapion of the bequeathed thing is available.

Notes

  1. §41.8.8.prnon traditam possessionem — Meaning "possession that has not been delivered," referring to the legatee taking physical control on their own without an explicit transfer (traditio). It functions as the direct object (accusative) of ingrediatur, which is used transitively.
  2. §41.8.8.prcompetit — The verb competere here means that usucapion is "available" or "accrues" to the legatee. Although the dative (such as legatario) is not explicitly expressed, it is understood from the context to refer to the legatee (legatarius), who is the subject of the conditional clause.

Cite this passage

Justinian I, The Digest of Justinian §41.8.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.8.8.pr

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