Latin

Lines 1.534-1.542

Roman Law and Society, The Institutes of Justinian 1.534-542

Not analysed yet

Lastly, it is to be observed that a thing must be tainted with no vice, that the bona fide purchaser or person who possesses it from any other just cause may acquire it by use.
But if a mistake is made as to the cause of possession, and it is wrongly supposed to be just, there is no usucapion. As, for instance, if any one possesses in the belief that he has bought, when he has not bought, or that he has received a gift, when no gift has really been made to him.
Long possession, which has begun to reckon in favor of the deceased, is continued in favor of the heir or bonorum possessor, although he may know that the immoveable belongs to another person; but if the deceased commenced his possession mala fide, the possession does not profit the heir or bonorum possessor, although ignorant of this. And our constitutio has enacted the same with respect to usucapions, in which the benefit of possession is to be in like manner continued.
Between the buyer and the seller, too, the Emperors Severus and Antoninus have decided by rescript that their several times of possession shall be reckoned together.
It is provided by an edict of the Emperor Marcus, that a person who has purchased from the fiscus a thing belonging to another person, may repel the owner of the thing by an exception, if five years have elapsed since the sale. But a constitutio of Zeno of sacred memory has completely protected those who receive anything from the fiscus by sale, gift, or any other title, by providing that they themselves are to be at once secure, and made certain of success, whether they sue or are themselves sued in an actio, while they who think that they have a good ground of action as owners or mortgagees of the things alienated may bring an actio against the sacred treasury within four years. An imperial constitutio, which we ourselves have recently published, extends to those who have received as a gift anything from our palace, or that of the empress, the provisions of the constitutio of Zeno relative to the alienations of the fiscus.

Latin

Lines 1.534-1.542

Roman Law and Society, The Institutes of Justinian 1.534-542

Not analysed yet

Lastly, it is to be observed that a thing must be tainted with no vice, that the bona fide purchaser or person who possesses it from any other just cause may acquire it by use.
But if a mistake is made as to the cause of possession, and it is wrongly supposed to be just, there is no usucapion. As, for instance, if any one possesses in the belief that he has bought, when he has not bought, or that he has received a gift, when no gift has really been made to him.
Long possession, which has begun to reckon in favor of the deceased, is continued in favor of the heir or bonorum possessor, although he may know that the immoveable belongs to another person; but if the deceased commenced his possession mala fide, the possession does not profit the heir or bonorum possessor, although ignorant of this. And our constitutio has enacted the same with respect to usucapions, in which the benefit of possession is to be in like manner continued.
Between the buyer and the seller, too, the Emperors Severus and Antoninus have decided by rescript that their several times of possession shall be reckoned together.
It is provided by an edict of the Emperor Marcus, that a person who has purchased from the fiscus a thing belonging to another person, may repel the owner of the thing by an exception, if five years have elapsed since the sale. But a constitutio of Zeno of sacred memory has completely protected those who receive anything from the fiscus by sale, gift, or any other title, by providing that they themselves are to be at once secure, and made certain of success, whether they sue or are themselves sued in an actio, while they who think that they have a good ground of action as owners or mortgagees of the things alienated may bring an actio against the sacred treasury within four years. An imperial constitutio, which we ourselves have recently published, extends to those who have received as a gift anything from our palace, or that of the empress, the provisions of the constitutio of Zeno relative to the alienations of the fiscus.