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Justinian I · The Digest of Justinian §42.4.1.pr

Three Grounds for Granting Possession of Property

Passage 6934 of 9271 · Latin

Summary

Ulpian lists the three primary causes for which a placing in possession is allowed, noting that in the case of threatened damage, the possession is granted only over the specific property in question rather than the entire estate.

[ULPIANUS libro duodecimo ad edictum. ] §42.4.1.prTres fere causae sunt, ex quibus in possessionem mitti solet: rei seruandae causa, item legatorum seruandorum gratia et uentris nomine.
[ULPIAN in the twelfth book on the Edict.] There are roughly three causes for which a placing in possession is customary: for the purpose of preserving property, likewise for the sake of preserving legacies, and on behalf of the unborn child.
damni enim infecti nomine si non cauetur, non in uniuersorum nomine fit missio, sed rei tantum, de qua damnum timetur.
For if security is not given on account of threatened damage, the placing in possession is not made in the name of the entirety of the property, but only of the specific thing concerning which damage is feared.

Notes

  1. §42.4.1.prin possessionem mitti solet — The word mitti is the present passive infinitive of mitto (to send, place). Combined with solet, it forms an impersonal passive construction meaning 'it is customary for someone to be placed'. It refers to the legal procedure of missio in possessionem (placing in possession of property).
  2. §42.4.1.prsi non cauetur — An impersonal passive construction of the verb cavere, which in legal contexts means 'to give security' or 'to provide a guarantee'. It expresses a general condition: 'if security is not provided' by the liable party.
  3. §42.4.1.pruniuersorum nomine — The genitive plural neuter of uniuersus, used substantively (or as an abbreviation for uniuersorum bonorum, 'of all goods'). It stands in contrast with rei tantum (only of a specific thing) in the latter half of the sentence, referring to the general placing in possession of the entire estate.

Cite this passage

Justinian I, The Digest of Justinian §42.4.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.4.1.pr

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