restricted access 8. USUCAPION ON THE GROUND OF LEGACY
In lieu of an abstract, here is a brief excerpt of the content:

46 BOOK FORTY-ONEIUSUCAPION ON T H E G R O U N D OF LEGACY wishes to have them, they yet become the property of the person to whom chance takes them, so a person who abandons something is deemed to wish it to become the property of another. 6 JULIAN,Urseius Ferox, book 3: No one can usucapt on the ground of abandonment who erroneously thinks the thing to be abandoned. 7 JULIAN, From Minicius, book 2: If someone finds goods jettisoned from a ship, the question arises whether he is unable to usucapt them because they are not regarded as abandoned. The more correct view is that he cannot usucapt them on the ground of abandonment. 8 PAUL,Replies, book 18: Sempronius sought to raise an issue over the status of Thetis as having been born of his slave-woman. Confronted, before witnesses, by Procula , the foster mother of Thetis, in proceedings for the payment of maintenance, he replied that he had not the means to pay for the maintenance of Thetis and that she should be returned to her father, Lucius Titius; and Procula made a written record that she would, thereafter, not endure any proceedings by the said Sempronius and that Lucius Titius, having paid Seia Procula for the girl's maintenance, manumitted Thetis before the magistrate. My question is whether Thetis's freedom can be rescinded . Paul replied: Since the owner of the slave-woman to whom Thetis was born appears to have abandoned Thetis, she could properly be raised to a state of liberty by Lucius Titius. USUCAPION ON THE GROUND OF LEGACY 1 ULPIAN,Disputations, book 6: A person to whom a thing is bequeathed is held to possess it by way of legacy; possession and usucapion on the ground of legacy are open to no one other than the legatee. 2 PAUL,Edict, book 54: If I possess a thing in the belief that it has been bequeathed to me, when it has not, I do not usucapt it on the ground of legacy, 3 PAPINIAN, Questions, book 23: any more than one thinking that he has bought a thing which he has not bought. 4 PAUL,Edict, book 54: A thing can be usucapted on the ground of legacy, whether it be the testator's own or that of someone else, if it has been bequeathed but it is not known that it has been adeemed in codicils. For in their case, there is a lawful ground which suffices for usucapion. The same may be said, if there be uncertainty of identity, as when a legacy is left to Titius, when there are two Titii and each believes that he is the intended beneficiary. 5 JAVOLENUS, From Cassius, book 7: A thing delivered as a legacy nonetheless will be usucapted on the ground of legacy, even though the owner of it is alive, 6 POMPONIUS, Sabinus, book 32: if the recipient believes it the property of a dead person. 7 JAVOLENUS, From Cassius, book 7:No one can usucapt on the ground of legacy save one who has testamenti factio [as legatee], because such possession stems from the law of wills. 8 PAPINIAN,Questions, book 23: If the legatee acquires without flaw possession which is not delivered to him, usucapion of the thing bequeathed will run. 9 HERMOGENIAN, Epitome o f Law, book 5: A man usucapts on the ground of legacy to whom a thing has been lawfully bequeathed; but, after much vacillation, it has been accepted that even if the legacy is irregular or has been adeemed, the thing can be usucapted on the ground of legacy. 46 BOOK FORTY-ONE/USUCAPION ON THE GROUND OF LEGACY wishes to have them, they yet become the property of the person to whom chance takes them, so a person who abandons something is deemed to wish it to become the property of another. 6 JULIAN, Urseius Ferox, book 3: No one can usucapt on the ground of abandonment who erroneously thinks the thing to be abandoned. 7 JULIAN, From Minicius, book 2: If someone finds goods jettisoned from a ship, the question arises whether he is unable to usucapt them because they are not regarded as abandoned. The more correct view is that he cannot usucapt them on the ground of abandonment. 8 PAUL, Replies, book 18: Sempronius sought to raise an issue over the status of Thetis as having been born of his slave-woman. Confronted, before witnesses, by...


pdf