Justinian I · The Digest of Justinian §6.1.18.pr

Usucapion After Joinder of Issue and Security

Passage 1089 of 9271 · Latin

Summary

Explains the obligation of a possessor who has acquired a slave by usucapion after the joinder of issue to deliver the slave and provide security against fraudulent disposals such as pledging or manumitting him.

[GAIUS libro septimo ad edictum prouinciale. ] §6.1.18.prSi post acceptum iudicium possessor usu hominem cepit, debet eum tradere eoque nomine de dolo cauere: periculum est enim ne eum uel pignerauerit uel manumiserit.

[GAIUS, in the seventh book on the Provincial Edict.] If after the acceptance of the trial the possessor has acquired the slave by usucapion, he must deliver him and give security against fraud on that account; for there is a danger lest he may have either pledged him or manumitted him.

Notes

6.1.18.prpost acceptum iudicium — 'After the acceptance of the trial'. It refers to the joinder of issue (litis contestatio) in Roman civil procedure, when the parties formally submit to the formula of the trial.
6.1.18.prde dolo cauere — The phrase cauere de... means 'to give security (cautio) regarding...'. Here it indicates that the possessor, upon delivering the slave acquired by usucapion, must provide security that he has committed no fraud (dolus) that diminished the value of the slave after the joinder of issue, or secure compensation for any such act.
6.1.18.prpericulum est ne — A clause introduced by ne (with perfect subjunctives pignerauerit and manumiserit) following an expression of fear or danger (periculum est), meaning 'there is a danger that he may have...' (i.e., completed prior fraudulent disposals).

Cite this passage

Justinian I, The Digest of Justinian §6.1.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.18.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.