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Justinian I · The Digest of Justinian §41.9.2.pr

Usucapion of Appraised Dowry Delivered Before Marriage

Passage 6845 of 9271 · Latin

Summary

Paulus points out that if an appraised thing given as a dowry is delivered before marriage, it cannot be acquired by usucapion before the marriage either "as a buyer" or "as one's own".

[PAULUS libro quinquagensimo quarto ad edictum. ] §41.9.2.prSi aestimata res ante nuptias tradita sit, nec pro emptore nec pro suo ante nuptias usucapietur.
[PAULUS, from his fifty-fourth book on the Edict.] If an appraised thing has been delivered before the marriage, it will be acquired by usucapion before the marriage neither "as a buyer" nor "as one's own".

Notes

  1. 41.9.2.praestimata res — Refers to a thing given with an appraisal of its value as a dowry (dos aestimata). Although it can have an effect similar to a sale at the appraised price, usucapion "as a buyer" (pro emptore) is not immediately allowed before the marriage.
  2. 41.9.2.prusucapietur — A third-person singular future passive verb, with aestimata res as its subject. It shows that as long as the marriage has not yet taken place, this thing cannot be the object of usucapion before the marriage under either the title of "as a buyer" (pro emptore) or "as one's own" (pro suo).

Cite this passage

Justinian I, The Digest of Justinian §41.9.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.9.2.pr

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