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Justinian I · The Digest of Justinian §47.2.85.pr

Usucapion of Stolen Property upon Assessment or Sale

Passage 7947 of 9271 · Latin

Summary

This text explains that although a stolen thing normally cannot be acquired by usucapion until returned to its owner, the right of usucapion is no longer interrupted if the damages have been assessed or if the owner has sold it to the thief.

[PAULUS libro secundo ad Neratium. ] §47.2.85.prQuamuis res furtiua, nisi ad dominum redierit, usucapi non possit, tamen, si eo nomine lis aestimata fuerit uel furi dominus eam uendiderit, non interpellari iam usucapionis ius dicendum est.
[PAULUS, in the second book on Neratius.] Although a stolen thing cannot be acquired by usucapion unless it has returned to its owner, nevertheless, if on that account the damages have been assessed, or the owner has sold it to the thief, it must be said that the right of usucapion is no longer interrupted.

Notes

  1. §47.2.85.prlis aestimata fuerit — The assessment of damages (lis aestimata) refers to the plaintiff receiving monetary compensation equivalent to the value of the property. This effectively cures the defect of the property's stolen character, thereby allowing usucapion to proceed.
  2. §47.2.85.prnon interpellari iam usucapionis ius — This is an accusative with infinitive (ACI) construction governed by the impersonal phrase `dicendum est`, where `usucapionis ius` (the right of usucapion) is the subject of the passive infinitive `interpellari` (to be interrupted). It indicates that the process of usucapion is no longer hindered once the damages are assessed or the item is sold.

Cite this passage

Justinian I, The Digest of Justinian §47.2.85.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.85.pr

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