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Justinian I · The Digest of Justinian §5.3.11.pr-5.3.11.1

Possession as Heir and Possession as Possessor

Passage 1007 of 9271 · Latin

Summary

Ulpian explains the definition of 'possessing as heir', discussing the status of those who know they are not the heir with reference to Arrian and Proculus, as well as the possessor of goods, before introducing the plunderer who 'possesses as possessor'.

[ULPIANUS libro quinto decimo ad edictum. ] §5.3.11.prPro herede possidet, qui putat se heredem esse.
[ULPIAN, in the fifteenth book on the Edict.] He possesses as heir who thinks that he is the heir.
sed an et is, qui scit se heredem non esse, pro herede possideat, quaeritur: et Arrianus libro secundo de interdictis putat teneri, quo iure nos uti Proculus scribit.
But it is questioned whether he too, who knows that he is not the heir, possesses as heir; and Arrian, in the second book on Interdicts, thinks that he is held liable, which law Proculus writes that we follow.
sed enim et bonorum possessor pro herede uidetur possidere.
But indeed, the possessor of goods also is deemed to possess as heir.
§5.3.11.1Pro possessore uero possidet praedo,
On the other hand, he possesses as possessor who is a plunderer,

Notes

  1. 5.3.11.prteneri — The passive infinitive `teneri` (to be held, bound) here means "to be held liable under the petition for inheritance (*hereditatis petitio*)." It expresses an affirmative answer to the preceding question `an... pro herede possideat` (whether he possesses as heir), meaning that even a bad-faith possessor (who knows he is not the heir) can be sued under this action.
  2. 5.3.11.prquo iure — The relative adjective `quo` modifies the noun `iure`, forming an ablative object for the infinitive `uti` (which governs the ablative) within the accusative-and-infinitive clause `nos uti [quo iure]`. This entire clause is the object of `Proculus scribit` (indirect speech), meaning "Proculus writes that we follow this legal rule." The phrase `quo iure` refers to Arrian's opinion as the accepted law.
  3. 5.3.11.1praedo — The grammatical subject of this sentence is `praedo` (the plunderer), and the verb is `possidet`. An inversion (hyperbaton) occurs, placing the adverbial phrase `pro possessore` (as possessor) at the beginning of the sentence to emphasize the contrast with the preceding `pro herede` (as heir).

Cite this passage

Justinian I, The Digest of Justinian §5.3.11.pr-5.3.11.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.11.pr-5.3.11.1

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