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Justinian I · The Digest of Justinian §8.2.7.pr

Usucapio Libertatis by Buildings Versus Trees

Passage 1375 of 9271 · Latin

Summary

Citing Mucius, the text explains that while one can acquire freedom from a servitude by means of a building, the same does not apply to a tree due to its natural motion, which prevents it from remaining stationary like a wall.

[POMPONIUS libro uicensimo sexto ad Quintum Mucium. ] §8.2.7.prQuod autem aedificio meo me posse consequi, ut libertatem usucaperem, dicitur, idem me non consecuturum, si arborem eodem loco sitam habuissem, Mucius ait, et recte, quia non ita in suo statu et loco maneret arbor quemadmodum paries, propter motum naturalem arboris.
[POMPONIUS in the twenty-sixth book on Quintus Mucius.] However, as to the statement that I can achieve, by means of my building, the acquisition of freedom by usucapion, Mucius says that I would not achieve the same if I had kept a tree situated in the same place; and this is correct, because a tree, owing to its natural motion, would not remain in its state and place in the same manner as a wall.

Notes

  1. §8.2.7.prQuod ... dicitur — The relative pronoun `quod` introduces a clause (either as the subject of the impersonal `dicitur` or as a transitional connection "as to the fact that...") which presents a contrastive premise to `idem` in the main clause.
  2. §8.2.7.pridem me non consecuturum — An accusative with infinitive construction (indirect speech) governed by `Mucius ait`, with the auxiliary `esse` omitted in the future infinitive `consecuturum [esse]`. `idem` (the same thing, i.e., `libertatem usucapere`) functions as the object of `consecuturum`.

Cite this passage

Justinian I, The Digest of Justinian §8.2.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.2.7.pr

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