2.1.54 to 2.1.60

(43) Again, we are entitled to usucaption of property of this kind where it has been delivered to us by a party who is not its owner; and this rule applies whether the property is subject to sale or not, provided we received it in good faith, and believed that he who delivered it was the owner. (44) This regulation seems to have been adopted to prevent the ownership of property from being uncertain for a long period of time, as the term of one or two years should be sufficient to enable the owner to inquire after his property, which time is granted to the possessor to acquire it by usucaption. (45) Sometimes, however, a party who possesses property in the utmost good faith still cannot acquire the same by usucaption; for instance, where he has possession of an article which has been stolen or obtained by violence, for the Law of the Twelve Tables forbids stolen property to be acquired by usucaption, and the Lex Julia et Plautia makes the same provision with reference to property obtained by force. (46) Likewise, lands situated in the provinces are not susceptible of usucaption. (47) Again, in former times, property susceptible of mancipation which belonged to a woman under the guardianship of agnates could not be acquired by usucaption, unless it had been delivered by herself with the authority of her guardian; and this rule was established by the Law of the Twelve Tables. (48) It is also clear that men who are free, as well as sacred and religious property, cannot be acquired by usucaption. (49) The common saying that the usucaption of property which has been stolen or obtained by force is prohibited by law, does not mean that the thief himself, or the party who obtains possession by violence, cannot acquire it by usucaption (for he is not entitled to usucaption for another reason, namely, because he is a possessor in bad faith), but that no one else, even though he purchased the property in good faith, has the right to acquire it by usucaption.