2.1.72 to 2.1.76

(61) Moreover, if the people should sell property pledged to satisfy a claim, and the owner should become possessed of it, recovery by use is permitted; but in this case land will be recovered after the lapse of two years. This is what is commonly called recovery of possession after public sale, for he who buys it from the people is called a purchaser of mortgaged land. (62) It sometimes happens that an owner has not the power to alienate his property, and that one who is not the owner can do so. [1] (63) For, by the Lex Julia ,a husband was forbidden to alienate dotal land against the consent of his wife, although the land may have become his own either by sale to him as dowry, or by surrender in court, or by usucaption. It is doubtful whether this rule is applicable only to lands in Italy, or also to those in the provinces. (64) On the other hand, an agnate who is the curator of an insane person can, by the Law of the Twelve Tables, alienate the property of the latter; and an agent can also, as well as a creditor, alienate that of his principal, if authorized to do so under an agreement, although the property does not belong to him. This may perhaps be considered to be done for the reason that the pledge is understood to be alienated with the consent of the debtor, who previously agreed that the creditor might be permitted to sell the pledge, if the money was not paid. (65) Therefore, from what we have stated, it appears that certain property can be alienated by Natural Law; as, for instance, that which is transferred by mere delivery, and that other property can be alienated by the Civil Law, as through sale, surrender in court, and usucaption, for these rights are peculiar to Roman citizens.