# Institutes of Gaius 2.1.104-109

Roman Law and Society, Institutes of Gaius, 2.1.104 to 2.1.109. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-gaius/2.1.104

(89) Not only is the ownership of property acquired for us by those whom we have under our control, but possession is also; for if they obtain possession of property we are considered to have possession of the same, hence property can even be acquired through them by usucaption. (90) Ownership is indeed acquired for us, in every instance, through those persons whom we have in our hand or in mancipium , just as it is by those who are under our control; but whether possession is also acquired is a question, for the reason that we do not have possession of the said persons. (91) Moreover, it has been decided with reference to slaves in whom we only have an usufruct that anything which they acquire by the employment of our own property, or by their labor, is acquired for our benefit; but what they acquire by any other means belongs to the owner of the property. Therefore, if a slave of this kind is appointed an heir, or a legacy should be left to him, it would not be acquired for my benefit, but for that of the owner of the property. (92) The same rule applies to anyone who is possessed by us in good faith, whether he is free or the slave of another; for what has been decided with reference to an usufructuary also holds good with reference to a bona fide possessor; and hence any property which is acquired in any other way than the two above mentioned will belong to the party himself, if he is free, or to the owner, if he is a slave. (93) But after a bona fide possessor has obtained a slave by usucaption, [1] for the reason that he becomes his owner in this way, any- [1] Usucaption was originally only applicable to corporeal property, but was afterwards extended by custom so as to include incorporeal hereditaments. It differed from prescription in that good faith was absolutely essential to its operation; and was invented as a penalty to be inflicted upon the actual owner for permitting his right to remain unexercised or unclaimed through gross and inexcusable negligence. Anyone who lost his property in this way was considered to have transferred it: " Videtur alienare qui patitur usucapi ."

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Roman Law and Society, Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
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