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Justinian I · The Digest of Justinian §43.26.18.pr

Granting Precarium by an Owner Not in Possession

Passage 7168 of 9271 · Latin

Summary

It explains the legal principle that an owner can grant their own property by precarium to the person currently possessing it, even if the owner themselves does not currently possess it.

[IULIANUS libro tertio decimo digestorum. ] §43.26.18.prUnusquisque potest rem suam, quamuis non possideat, precario dare ei qui possideat.
[JULIANUS, Digest, book thirteen.] Everyone can give his own property by precarium, even though he does not possess it, to the one who possesses it.

Notes

  1. §43.26.18.prquamuis non possideat — The subjunctive possideat is triggered by the concessive conjunction quamuis. The subject is unusquisque (the owner) in the main clause, referring to a situation where the owner does not have physical possession of the property.
  2. §43.26.18.prei qui possideat — The subjunctive possideat in the relative clause is due to subjunctive attraction (attractio modi) under the influence of the governing infinitive clause, or a characterizing usage denoting the category of 'the one who happens to possess it'.

Cite this passage

Justinian I, The Digest of Justinian §43.26.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.26.18.pr

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