Humanitext Reader

Justinian I · The Digest of Justinian §43.16.8.pr

Ejection of a Non-Owner in Actual Possession

Passage 7084 of 9271 · Latin

Summary

Citing the opinion of Fulcinius, this section explains that even for a non-owner, as long as they were in actual possession, "possession by force" is established if they are ejected by force.

[IDEM libro quinquagensimo quarto ad edictum. ] §43.16.8.prFulcinius dicebat ui possideri, quotiens uel non dominus, cum tamen possideret, ui deiectus est.
[IDEM libro quinquagensimo quarto ad edictum.] Fulcinius used to say that there is possession by force whenever even a non-owner, although he was nevertheless in possession, has been ejected by force.

Notes

  1. §43.16.8.prui possideri — The present passive infinitive 'possideri' (from 'possidere') is used impersonally in an accusative-and-infinitive construction (AcI) dependent on the main verb 'dicebat', meaning 'that there is possession by force' or 'that possession is held by force'.
  2. §43.16.8.prcum tamen possideret — The cum-clause with the subjunctive ('possideret', imperfect subjunctive) functions as a concessive or circumstantial clause, emphasizing that the person was 'nevertheless' in actual possession despite not being the owner.

Cite this passage

Justinian I, The Digest of Justinian §43.16.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.16.8.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.