2.1.67 to 2.1.71

(56) This species of possession and usucaption is called lucrative, for the party knows that he is profiting by the property of another. (57) At the present time, however, it is not lucrative, for a Decree of the Senate, enacted at the instance of the Divine Hadrian, provided that usucaptions of this kind could be revoked; and therefore an heir can recover the property by bringing an action for the estate against him who acquired it by usucaption, just as if the usucaption had never taken place. (58) Where there is a necessary heir, usucaption of this kind cannot take place under the law. (59) A person can knowingly acquire the property of another by usucaption under other circumstances; for if anyone makes a fiduciary sale of the property of another or surrenders it in court to a third party, and the owner himself should obtain possession of the same, he can acquire it by usucaption, even in the case of land, after the expiration of a year. This species of usucaption is called a recovery by use, because property which we owned at a former time we recover in this way by usucaption. (60) Fiduciary ownership, however, is contracted either where the creditor holds the property by way of pledge, or through a friend with whom our property is placed for safe-keeping; and, when the trust is contracted with a friend, recovery by use can, under all circumstances, take place; but where this is done with a creditor, the money must, by all means be paid, and when it has not yet been paid, the property can only be recovered in this way provided the debtor has not hired it from the creditor, or have obtained possession of it during pleasure; as in this instance lucrative usucaption will take place.