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Justinian I · The Digest of Justinian §49.15.27.pr

Usucapion of a Slave Sold After Enemy Capture

Passage 8599 of 9271 · Latin

Summary

Describes a case where a slave snatched by robbers reached the Germans and was sold after their defeat, explaining with jurists' opinions why usucapion is not allowed.

[IAUOLENUS libro nono ex posterioribus Labeonis. ] §49.15.27.prLatrones tibi seruum eripuerant: postea is seruus ad Germanos peruenerat: inde in bello uictis Germanis seruus uenierat.
[IAUOLENUS, Book 9 of Epitomes of Labeo's Posthumous Works] had snatched a slave from you; afterwards, this slave had reached the Germans; from there, when the Germans were defeated in war, the slave was sold.
negant posse usucapi eum ab emptore Labeo Ofilius Trebatius, quia uerum esset eum subreptum esse, nec quod hostium fuisset aut postliminio redisset, ei rei impedimento esse.
Labeo, Ofilius, and Trebatius deny that he can be acquired by usucapion by the purchaser, because it was true that he had been stolen, and that the fact that he had belonged to the enemy or had returned by postliminium was no impediment to that matter.

Notes

  1. 49.15.27.pruenierat — This is the pluperfect tense of uēneo (to be sold), not uēnerat, the pluperfect of uenio (to come).
  2. 49.15.27.prnegant posse usucapi eum ab emptore Labeo Ofilius Trebatius — An inverted structure where the subject (Labeo Ofilius Trebatius) is placed at the end and the verb negant at the beginning. "posse usucapi eum" is an accusative-with-infinitive construction, where "eum" is the subject accusative of the passive infinitive "usucapi" (from usucapio).
  3. 49.15.27.prnec quod hostium fuisset aut postliminio redisset, ei rei impedimento esse — Part of the indirect speech introduced by negant. The quod-clause ("that he had belonged to the enemy or had returned by postliminium") serves as the subject of the infinitive "esse", while "ei rei" (to that matter, i.e., the denial of usucapion) and "impedimento" (as an impediment) form a double dative construction (dative of purpose and dative of reference).

Cite this passage

Justinian I, The Digest of Justinian §49.15.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.15.27.pr

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