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Justinian I · The Digest of Justinian §43.26.9.pr

Establishment of Precarium between Absent Parties

Passage 7159 of 9271 · Latin

Summary

Gaius explains that possession by precarium can be established not only between parties who are present but also between absent parties, such as through letters or messengers.

[GAIUS libro uicensimo sexto ad edictum prouinciale. ] §43.26.9.prPrecario possessio consisti potest uel inter praesentes uel inter absentes, ueluti per epistulam uel per nuntium.
[GAIUS, On the Provincial Edict, book twenty-six.] Possession by precarium can be established either between persons who are present or between those who are absent, as for example by letter or by messenger.

Notes

  1. 43.26.9.prconsisti — The present passive infinitive of the originally intransitive verb consisto (to stand, be established, exist). Here it is used with potest as a passive construction matching the subject possessio, meaning 'to be established' or 'to take place'.
  2. 43.26.9.prPrecario — The ablative singular of the noun precarium. Functioning as an ablative of manner or means ('by precarium'), it modifies the noun possessio to form the legal concept of 'possession by precarium'.

Cite this passage

Justinian I, The Digest of Justinian §43.26.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.26.9.pr

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