[PAPINIANUS libro decimo quaestionum. ] §6.2.16.prPAULUS notat: Exceptio iusti dominii Publicianae obicienda est.
[PAPINIANUS on Questions, book 10] PAULUS notes: The plea of lawful ownership must be opposed to the Publician action.
Justinian I · The Digest of Justinian §6.2.16.pr
Plea of Lawful Ownership against Publician Action
Summary
A note by Paul on Papinian's work, stating that the plea of lawful ownership must be opposed to the Publician action.
Notes
- 6.2.16.prPublicianae — Feminine singular dative adjective. The noun actioni (action) is omitted, and this dative depends on the gerundive obicienda, meaning "to/against the Publician action".
- 6.2.16.prExceptio iusti dominii — Refers to the "plea of lawful ownership" in Roman law. It is the defence by which the true owner, when sued under the Publician action (which protects a possessor whose usucapio is incomplete), bars the plaintiff's claim based on their own rightful ownership.
Cite this passage
Justinian I, The Digest of Justinian §6.2.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.2.16.pr
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