2.1.61 to 2.1.62

(50) Wherefore, with reference to movable property, a possessor in good faith does not readily acquire it by usucaption, because a person who sells the property of another and delivers it, commits a theft; and the same thing happens if the property is delivered for any other reason. Sometimes, however, this is not the case, for if an heir believes that property which has been loaned, hired, or deposited with the deceased, belonged to the estate, and he should sell or give it away, he is not guilty of theft; and also if one to whom the usufruct of a female slave belongs, believing that her child was his, should sell or give it away, he does not commit a theft, for theft cannot be committed without the intention of stealing. This may also happen in other ways, as where anyone transfers property belonging to another to a third party, without the defect of theft, and enables it to be acquired by usucaption by the possessor of the same. (51) Anyone can obtain possession of land belonging to another without the exertion of violence, if it either becomes vacant through the neglect of the owner, or because he died without leaving any heir, or was absent for a long time; and if he should transfer the said land to another who received it in good faith, the possessor can acquire it by usucaption. And although the party who obtained the land when vacant may be aware that it belongs to another, still, this does not in any way prejudice the right of usucaption of the possessor in good faith, as the opinion of those who held that land could be the subject of theft is no longer accepted.