# Institutes of Gaius 2.1.63-66

Roman Law and Society, Institutes of Gaius, 2.1.63 to 2.1.66. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-gaius/2.1.63

(52) Again, on the other hand, it happens that anyone who knows that the property which he possesses belongs to another can acquire it by usucaption; as, for instance where someone has possession of property belonging to an estate of which the heir who is not yet born has not obtained possession; for he is permitted to acquire it in this manner, provided the said property is of a nature which admits of usucaption, and this kind of possession and usucaption is styled that of a person representing an heir. (53) Usucaption of this kind is so readily granted that real property may be acquired by usucaption within the space of a single year. (54) The reason why, in this instance, land can be acquired by usucaption in a single year, is because that, in former times, through the possession of property belonging to an estate the estate itself was considered to be acquired by usucaption, that is to say, in a year; for, though the Law of the Twelve Tables establishes the term of two years for the usucaption of land and one year for that of other property, an estate "was considered to be included in the latter, as it is neither part of the soil nor corporeal; and although it was afterwards held that estates themselves were not capable of usucaption, still the right to usucaption with reference to all property belonging to an estate, even land, remained in force. (55) The reason why such thoroughly dishonorable possession and usucaption was allowed was because the ancient authorities desired that estates should be entered upon more quickly, and that there should be persons to perform the sacred ceremonies to which, in those times, the greatest importance was attached; and also that the creditors might have someone from whom they might collect their claims.

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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.