3. USUCAPIONS AND USURPATIONS
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BOOK FORTY-ONEIUSUCAPIONS AND USURPATIONS 31 or another at my behest guards the logs; in either case, possession must be determined , in some degree, by intention. 52 VENULEIUS, Interdicts, book 1: The grounds of possession and those of usufruct must not be confused any more than possession and ownership should be confused; for it is no barrier to possession that another has enjoyment and no one's usufruct is diminished by another's possession. 1. One forbidden to build is obviously barred also from possession. 2. One way of introducing into possession is to prohibit the use of force against one entering; for [the praetor] bids the opponent to yield forthwith and to leave possession vacant; and that is much more than restoration. 53 VENULEIUS, Interdicts, book 5: Against third parties, even vicious possession is normally of avail. USUCAPIONS AND USURPATIONS 1 GAIUS,Provincial Edict, book 21: Usucapion was introduced for the public weal, to wit, that the ownership of certain things should not be for a long period, possibly permanently , uncertain, granted that the period of time prescribed should suffice for owners to inquire after their property. 2 PAUL,Edict, book 54: Usurpation is an interruption of usucapion; usurpation, however , is also a term used by orators to mean frequent use. 3 MODESTINUS, Encyclopaedia, book 5: Usucapion is the acquisition of ownership by continued possession for the period prescribed by law. 4 PAUL,Edict, book 54: Our next task is to discuss usucapion. And following the same order, we must consider who can usucapt, what he may usucapt and within what period . l. Obviously, a head of household can usucapt. A son-in-power who is a soldier in camp also usucapts what he acquires by reason of his service. 2. If a pupillus takes possession with his tutor's auctoritas, he may usucapt; but we must say that even if he takes possession without such auctoritas but with the intention of possession , he may equally usucapt. 3. A lunatic may usucapt what he began to possess before losing his reason. But such person may usucapt, only if he possesses the thing on a ground from which usucapion follows. 4. A slave cannot possess as an heir. 5. Produce, the issue of slave-women, and the young of cattle, assuming that they are not dead, can be usucapted. 6. Now, when the lex Atinia says that a stolen thing can be usucapted only if it has first returned into the power of the person from whom it was appropriated, this is to be interpreted as meaning that it must return into the power of its actual owner, not into that of the person from whom it was in fact taken. Hence, if a pledge be stolen from the pledgee or a borrowed thing from the borrower, the thing must return to the power of its real owner. 7. Labeo says further that if a thing from my slave's peculium be stolen without my knowledge thereof and the slave later takes possession of it, it is deemed to have returned into my power; it would more appositely be said that it returns to my power if I know of the fact (for it is not enough that the slave should take the thing which he lost when I knew nothing of the matter); but this is so only if I wished it still to be part of the peculium; should that not be the case, it is necessary that I acquire disposal of the thing. 8. Thus, supposing my slave himself to take something from me and then to replace it, it can be usucapted , as though it has returned into my power, granted my ignorance thereof; if I knew the circumstances, we would insist that I should know that it has returned into my power. 9. Then again, if the slave held the thing which he appropriated by virtue BOOK FORTY-ONE/USUCAPIONS AND USURPATIONS 31 or another at my behest guards the logs; in either case, possession must be determined , in some degree, by intention. 52 VENULEIUS, Interdicts, book 1: The grounds of possession and those of usufruct must not be confused any more than possession and ownership should be confused; for it is no barrier to possession that another has enjoyment and no one's usufruct is diminished by another's possession. 1. One forbidden to build is obviously barred also from possession. 2. One way of introducing into possession is to prohibit the use of...