Humanitext Reader

Justinian I · The Digest of Justinian §7.6.6.pr

Loss of Possession and Fictitious Defense in Usufruct

Passage 1307 of 9271 · Latin

Summary

This passage outlines that a defendant in a usufruct lawsuit is acquitted if they lose possession without fraud, but is condemned if they falsely present themselves as the possessor.

[PAULUS libro uicensimo primo ad edictum. ] §7.6.6.prQui de usu fructu iudicium accepit, si desierit possidere sine dolo, absoluetur: quod si liti se obtulit et quasi possessor actionem de usu fructu accepit, damnabitur.
[PAULUS, in the twenty-first book on the Edict.] He who has accepted a lawsuit concerning a usufruct will be acquitted if he ceases to possess without fraud; but if he has offered himself for the lawsuit and accepted the action concerning the usufruct as if he were the possessor, he will be condemned.

Notes

  1. §7.6.6.priudicium accepit — Meaning 'accepted the lawsuit'. In Roman civil procedure, it refers to the defendant agreeing to join the issue (litis contestatio) in response to the plaintiff's claim. The subsequent phrase 'actionem... accepit' carries the same meaning.
  2. §7.6.6.prliti se obtulit — The noun 'liti' is in the dative case. It refers to the act of voluntarily presenting oneself as a defendant in a lawsuit. This is used in the context of a 'fictive possessor' (quasi possessor) who undertakes the lawsuit despite not being the actual possessor.

Cite this passage

Justinian I, The Digest of Justinian §7.6.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.6.6.pr

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