# Institutes of Gaius 2.1.239-242

Roman Law and Society, Institutes of Gaius, 2.1.239 to 2.1.242. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-gaius/2.1.239

(201) We bequeath a legacy by condemnation, as follows: "Let my heir be condemned to give my slave Stichus"; or if it is only written, "Let him give my slave Stichus"; this is a legacy by condemnation. (202) By this same form of a bequest property belonging to another can also be bequeathed, so that the heir will be obliged to purchase either the article referred to and deliver it, or pay its estimated value. (203) Any property which is not yet in existence may be bequeathed by condemnation provided it comes into existence hereafter; as for instance, any crops which may be produced on such-and-such land, or any child which may be born from such-and-such a female slave. (204) Any bequest made in this way, after an estate has been entered on, even though it has been made unconditionally, unlike a bequest left to be claimed, is not immediately acquired by the legatee, but still belongs to the heir, and therefore the legatee must bring an action to recover it, that is to say, he must allege that the heir is required to transfer it to him; and then if the property is subject to mancipation, the heir should either transfer it to him in this way, or surrender it in court, and give him possession. If, however, it is not subject to mancipation, it will be sufficient if he merely delivers it, for if he should only deliver but not sell anything susceptible of mancipation, the legatee will obtain complete ownership only by usucaption; and as we have mentioned in another place, usucaption of movable property is acquired after a year's possession, and real property after possession for the term of two years.

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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.
License: Used with permission (https://www.thelatinlibrary.com/about.html). Source: http://thelatinlibrary.com/law/gaius.html.