2.1.115 to 2.1.118

(94) It is a matter of doubt whether we can hold possession of property and acquire it by usucaption through a slave in whom we have the usufruct, because we are not in possession of the slave. There is no question, however, that we can both hold possession of property and acquire it by usucaption, through a slave of whom we have possession in good faith. But in both these cases we have reference to the distinction which we explained above; that is to say, where the slave acquires anything by means of our property, or by his own labor, it is acquired for our benefit. (95) From this it is apparent that under no circumstances can property be acquired for our benefit through freemen who are not subject to our authority, and of whom we do not have possession in good faith, nor by slaves belonging to others in whom we neither have the usufruct, nor of whom we have legal possession. This is what is meant by the common saying that property cannot be acquired for us through a stranger; and the only question relating to possession is whether it can be acquired for our benefit through a person who is free. (96) In conclusion, it should be remembered that nothing can be surrendered in court by persons who are under the control, or in the hand or mancipation of another, as nothing can belong to persons of this description; and the result is that they cannot claim anything as their own in court. (97) Up to this point it is sufficient to have stated how separate property can be acquired by us; for we shall hereafter, and in a more suitable place discuss the law of legacies, by which also we acquire individual property. Now let us see in what ways property can be acquired by us in the aggregate.