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Justinian I · The Digest of Justinian §43.31.1.pr-43.31.1.1

The Interdict Utrubi on the Possession of Movables

Passage 7185 of 9271 · Latin

Summary

The praetor states the formula of the interdict *utrubi* for the possession of a movable (a slave), and Ulpian explains that its legal force has been made equal to that of the interdict *uti possidetis* for immovables.

[ULPIANUS libro septuagensimo secundo ad edictum. ] §43.31.1.prPraetor ait: 'Utrubi hic homo, quo de agitur, maiore parte huiusce anni fuit, quo minus is eum ducat, uim fieri ueto'. §43.31.1.1Hoc interdictum de possessione rerum mobilium locum habet: sed optinuit uim eius exaequatam fuisse uti possidetis interdicto, quod de rebus soli competit, ut is et in hoc interdicto uincat, qui nec ui nec clam nec precario, dum super hoc ab aduersario inquietatur, possessionem habet.
[ULPIANUS in the seventy-second book on the Edict.] The praetor says: "At whichever of the two places this man, who is the subject of the action, was for the greater part of this year, I forbid force to be used to prevent him from leading him away." This interdict applies to the possession of movable things; but the rule has prevailed that its force was made equal to the interdict *uti possidetis*, which applies to things of the soil, so that in this interdict also, he should prevail who possesses neither by force, nor secretly, nor by precarious tenure, at the time when he is disturbed concerning this by his adversary.

Notes

  1. §43.31.1.prutrubi — An adverb meaning "at which of the two places" or "on whichever of the two sides," which gives the name to the interdict *utrubi* concerning the possession of movables. In this context, it refers to whichever of the two disputing parties the slave was with.
  2. §43.31.1.prquo minus is eum ducat — The conjunction `quo minus` operates with `uim fieri ueto` ("I forbid force to be used") to introduce the prevented action. The pronoun `is` refers to the party who possessed the slave for the greater part of the year (the winning party), and `eum` refers to the slave in question (`hic homo`).
  3. §43.31.1.1optinuit — An impersonal use of the verb `optinere` ("to prevail" or "to obtain"), meaning "it has become established as a rule." The following accusative with infinitive clause `uim eius exaequatam fuisse...` ("that its force was made equal...") serves as its subject.
  4. §43.31.1.1dum super hoc ab aduersario inquietatur — The conjunction `dum` indicates the point in time (at the moment when the dispute is raised by the adversary) that serves as the reference for judging whether the possession is flawed (by force, secrecy, or precarious tenure). `super hoc` means "concerning this (possession)."

Cite this passage

Justinian I, The Digest of Justinian §43.31.1.pr-43.31.1.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.31.1.pr-43.31.1.1

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