[ULPIANUS libro sexto decimo ad edictum. ] §6.2.7.prSed et si res adiudicata sit, Publiciana actio competit.
[ULPIANUS on the Edict, book 16.] But also if the property has been adjudicated, the Publician action is available.
§6.2.7.1Si lis fuerit aestimata, similis est uenditioni: et ait Iulianus libro uicensimo secundo digestorum, si optulit reus aestimationem litis, Publicianam competere.
If the value of the suit has been estimated, it is similar to a sale; and Julian says in the twenty-second book of his Digests that if the defendant has offered the estimated value of the suit, the Publician action is available.
§6.2.7.2Marcellus libro septimo decimo digestorum scribit eum, qui a furioso ignorans eum furere emit, posse usucapere: ergo et Publicianam habebit.
Marcellus writes in the seventeenth book of his Digests that he who buys from a madman, being ignorant of his madness, can acquire by usucapion; therefore, he will also have the Publician action.
§6.2.7.3Sed et si quis ex lucratiuis causis rem accepit, habet Publicianam, quae etiam aduersus donatorem competit: est enim iustus possessor et petitor, qui liberalitatem accepit.
But also if anyone has received property through lucrative causes, he has the Publician action, which is available even against the donor; for he who has received a liberality is a lawful possessor and claimant.
§6.2.7.4Si a minore quis emerit ignorans eum minorem esse, habet Publicianam.
If anyone has bought from a minor, being ignorant that he was a minor, he has the Publician action.
§6.2.7.5Sed et si permutatio facta sit, eadem actio competit.
But also if an exchange has been made, the same action is available.
§6.2.7.6Publiciana actio ad instar proprietatis, non ad instar possessionis respicit.
The Publician action looks to the likeness of ownership, not to the likeness of possession.
§6.2.7.7Si petenti mihi rem iusiurandum detuleris egoque iurauero rem meam esse, competit Publiciana mihi, sed aduersus te dumtaxat: ei enim soli nocere debet iusiurandum, qui detulit.
If, when I am claiming property, you have tendered me an oath, and I have sworn that the property is mine, the Publician action is available to me, but only against you; for the oath ought to prejudice only him who tendered it.
sed si possessori delatum erit iusiurandum et iurauerit rem petitoris non esse, aduersus eum solum petentem exceptione utetur, non ut et habeat actionem.
But if the oath is tendered to the possessor, and he has sworn that the property does not belong to the claimant, he will use an exception only against that claimant, not so that he also acquires an action.
§6.2.7.8In Publiciana actione omnia eadem erunt, quae et in rei uindicatione diximus.
In the Publician action, all things will be the same as we have said in the case of the action for recovery of property (rei uindicatio).
§6.2.7.9Haec actio et heredi et honorariis successoribus competit.
This action is available both to the heir and to praetorian (honorary) successors.
§6.2.7.10Si ego non emero, sed seruus meus, habebo Publicianam.
If I have not bought, but my slave has, I will have the Publician action.
idem est et si procurator meus uel tutor uel curator uel quis alius negotium meum gerens emerit.
The same is true if my procurator, tutor, curator, or anyone else managing my business has bought.
§6.2.7.11Praetor ait: 'qui bona fide emit. ' non igitur omnis emptio proderit, sed ea, quae bonam fidem habet: proinde hoc sufficit me bonae fidei emptorem fuisse, quamuis non a domino emerim, licet ille callido consilio uendiderit: neque enim dolus uenditoris mihi nocebit.
The praetor says: "he who has bought in good faith." Therefore, not every purchase will be beneficial, but only that which possesses good faith; accordingly, it is sufficient that I was a buyer in good faith, even though I did not buy from the owner, and even if the seller sold with a crafty design; for the fraud of the seller will not harm me.
§6.2.7.12In hac actione non oberit mihi, si successor sum et dolo feci, cum is, in cuius locum successi, bona fide emisset: nec proderit, si dolo careo, cum emptor, cui successi, dolo fecisset.
In this action, it will not harm me, if I am a successor and have acted with fraud, when he in whose place I succeeded had bought in good faith; nor will it benefit me, if I am free from fraud, when the buyer to whom I succeeded had acted with fraud.
§6.2.7.13Sed enim si seruus meus emit, dolus eius erit spectandus, non meus, uel contra.
But indeed, if my slave buys, his fraud must be looked to, not mine, or vice versa.
§6.2.7.14Publiciana tempus emptionis continet, et ideo neque quod ante emptionem neque quod postea dolo malo factum est in hac actione deduci Pomponio uidetur.
The Publician action concerns the time of purchase, and therefore it seems to Pomponius that neither what was done with malicious intent before the purchase nor what was done after it is brought into consideration in this action.
§6.2.7.15Bonam autem fidem solius emptoris continet.
Moreover, it concerns the good faith of the buyer alone.
§6.2.7.16Ut igitur Publiciana competat, haec debent concurrere, ut et bona fide quis emerit et ei res empta eo nomine sit tradita: ceterum ante traditionem, quamuis bonae fidei quis emptor sit, experiri Publiciana non poterit.
Therefore, for the Publician action to be available, these conditions must concur: both that one has bought in good faith and that the property bought has been delivered to him under that title; otherwise, before delivery, although one may be a buyer in good faith, he will not be able to sue by the Publician action.
§6.2.7.17Iulianus libro septimo digestorum scripsit traditionem rei emptae oportere bona fide fieri: ideoque si sciens alienam possessionem adprehendit, Publiciana eum experiri non posse, quia usucapere non poterit.
Julian wrote in the seventh book of his Digests that the delivery of the purchased property must be made in good faith; and therefore, if one has taken possession knowing that it belongs to another, he cannot sue by the Publician action because he will not be able to acquire it by usucapion.
nec quisquam putet hoc nos existimare sufficere initio traditionis ignorasse rem alienam, uti quis possit Publiciana experiri, sed oportere et tunc bona fide emptorem esse.
Nor let anyone think that we hold it sufficient that he was ignorant of its being another's property at the beginning of the delivery, so that he may sue by the Publician action; rather, he must also be a buyer in good faith at that time.