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Justinian I · The Digest of Justinian §44.3.16.pr

Inapplicability of Accession without One's Own Possession

Passage 7260 of 9271 · Latin

Summary

Paulus states the principle that the addition of a predecessor's possession cannot benefit a person who has no possession of their own.

[PAULUS libro tertio ad Sabinum. ] §44.3.16.prAccessio sine nostro tempore nobis prodesse non potest.
[PAULUS, from the third book on Sabinus] An addition cannot benefit us without our own time.

Notes

  1. §44.3.16.prsine nostro tempore — Meaning "without our own time (of possession)." Since the addition of possession (accessio) is a mechanism to append a predecessor's possession period to one's own to complete usucapion, this phrase expresses the fundamental rule that one cannot claim the addition if their own possession has never commenced (i.e., their own time is zero).

Cite this passage

Justinian I, The Digest of Justinian §44.3.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.3.16.pr

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