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Justinian I · The Digest of Justinian §41.8.9.pr

Usucapion of Unlawfully Left or Revoked Legacies

Passage 6843 of 9271 · Latin

Summary

Hermogenian explains that, after much controversy, usucapion as a legacy was recognized even in cases where a legacy was left unlawfully or had been revoked.

[HERMOGENIANUS libro quinto iuris epitomarum. ] §41.8.9.prPro legato usucapit, cui recte legatum relictum est: sed et si non iure legatum relinquatur uel legatum ademptum est, pro legato usucapi post magnas uarietates optinuit.
[HERMOGENIAN, from his fifth book of Epitomes of Law.] He to whom a legacy has been validly left acquires by usucapion as a legacy; but even if a legacy is left contrary to law, or if the legacy has been revoked, it has been established after great controversies that usucapion as a legacy can take place.

Notes

  1. §41.8.9.prpro legato usucapi — usucapi is the present passive infinitive of usucapere, forming an impersonal infinitive clause that functions as the subject of the main verb optinuit (it was established), which is used impersonally.
  2. §41.8.9.prpost magnas uarietates — Literally meaning "after great variations," this phrase indicates that the rule was settled only after intensive doctrinal debates and differing opinions among classical Roman jurists.

Cite this passage

Justinian I, The Digest of Justinian §41.8.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.8.9.pr

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