[ULPIANUS libro sexto decimo ad edictum. ] §6.2.11.prSi ego emi et mea uoluntate alii res sit tradita, imperator Seuerus rescripsit Publicianam illi dandam.
[ULPIAN on the Edict, book 16] If I have bought a thing and with my consent it has been delivered to another, the Emperor Severus wrote in a rescript that the Publician action must be granted to him.
§6.2.11.1Si de usu fructu agatur traditio, Publiciana datur: itemque seruitutibus urbanorum praediorum per traditionem constitutis uel per patientiam (forte si per domum quis suam passus est aquae ductum transduci): item rusticorum, nam et hic traditionem et patientiam tuendam constat.
If delivery is made with respect to a usufruct, the Publician action is granted; likewise when urban servitudes are established by delivery or by sufferance (for example, if someone has allowed an aqueduct to be led through his house); likewise for rustic servitudes, for it is established that here too delivery and sufferance must be protected.
§6.2.11.2Partus ancillae furtiuae, qui apud bonae fidei emptorem conceptus est, per hanc actionem petendus est, etiamsi ab eo qui emit possessus non est.
The offspring of a stolen female slave, conceived in the hands of a bona fide purchaser, must be claimed through this action, even if it has not been possessed by the purchaser.
sed heres furis hanc actionem non habet, quia uitiorum defuncti successor est.
But the heir of the thief does not have this action, because he is the successor to the defects of the deceased.
§6.2.11.3Interdum tamen, licet furtiua mater distracta non sit, sed donata ignoranti mihi et apud me conceperit et pepererit, competit mihi in partu Publiciana, ut Iulianus ait, si modo eo tempore, quo experiar, furtiuam matrem ignorem.
Sometimes, however, even if the stolen mother was not sold, but was donated to me while I was ignorant of the theft, and conceived and gave birth in my possession, I am entitled to the Publician action for the offspring, as Julian says, provided that at the time I bring the action, I still do not know that the mother was stolen.
§6.2.11.4Idem Iulianus generaliter dicit, ex qua causa matrem usucapere possem, si furtiua non esset, ex ea causa partum me usucapere, si furtiuam esse matrem ignorabam: ex omnibus igitur causis Publicianam habebo.
The same Julian says generally that, on whatever ground I would be able to acquire the mother by usucapion if she had not been stolen, on that same ground I acquire the offspring by usucapion, if I did not know that the mother was stolen; therefore, on all grounds, I shall have the Publician action.
§6.2.11.5Idem est et si ex partu partus est et si non natus, sed post mortem matris exsecto uentre eius extractus est, ut et Pomponius libro quadragensimo scripsit.
The same holds true both if it is the offspring of an offspring, and if it was not born but was extracted after the mother's death by cutting open her womb, as Pomponius also wrote in his fortieth book.
§6.2.11.6Idem ait aedibus emptis, si fuerint dirutae, ex quae aedificio accesserunt huiusmodi actione petenda.
He also says that if a house is bought and then demolished, those things which had acceded to the building must be claimed by this kind of action.
§6.2.11.7Quod tamen per alluuionem fundo accessit, simile fit ei cui accedit: et ideo si ipse fundus Publiciana peti non potest, non hoc petetur, si autem potest, et ad partem, quae per alluuionem accessit, et ita Pomponius scribit.
However, that which has acceded to a land by alluvion becomes like that to which it accedes; and therefore, if the land itself cannot be claimed by the Publician action, neither will this be claimed; but if it can, the claim also extends to the part which acceded by alluvion, and Pomponius writes to this effect.
§6.2.11.8Idem adicit et si statuae emptae partes recisae petantur, similem actionem proficere.
He adds also that if parts cut off from a purchased statue are claimed, a similar action is of avail.
§6.2.11.9Idem scribit, si aream emero et insulam in ea aedificauero, recte me Publiciana usurum.
He writes that if I buy a plot of land and build an apartment building on it, I shall rightly use the Publician action.
§6.2.11.10Item, inquit, si insulam emi et ad aream ea peruenit, aeque potero uti Publiciana.
Likewise, he says, if I buy an apartment building and it is reduced to a plot of land, I shall equally be able to use the Publician action.