The mancipable (conveyable or movable) possessions of a woman who is under tutelage of [her] agnates [18] shall not be acquired rightfully by usucapion (long usage or long possession), save if these ❋ Anonymous (N/A)
It is forbidden for a vestibule of a sepulcher (_forum_) and a burning-mound (_bustum_) [67] to be acquired by usucapion. ❋ Anonymous (N/A)
And not only is ownership acquired for you by those in your power, but also possession; for you are deemed to possess everything of which they have obtained detention, and thus they are to you instruments through whom ownership may be acquired by usucapion or long possession. ❋ John Baron Moyle (1891)
Our constitution has enacted that in usucapion too a similar rule shall be observed, and that the benefit of the possession shall continue in favour of the successor. ❋ John Baron Moyle (1891)
After a possessor in good faith has acquired the ownership of a slave by usucapion, everything which the slave acquires belongs to him without distinction; but a fructuary cannot acquire ownership of a slave in this way, because in the first place he does not possess the slave at all, but has merely a right of usufruct in him, and because in the second place he is aware of the existence of another owner. ❋ John Baron Moyle (1891)
But there is on record an opinion of Papinian, supported by the rescripts of the Emperors Pius, Severus, and Antoninus, that if, before the property of a deceased person who has left no heir is reported to the exchequer, some one has bought or received some part thereof, he can acquire it by usucapion. ❋ John Baron Moyle (1891)
But as it seemed hard that in such a case there should be no remedy, the praetor introduced an action in which the plaintiff, who has lost possession, fictitiously allege that he has acquired a full title by usucapion, and thus claims the thing as his own. ❋ John Baron Moyle (1891)
Severus, a free person, such as a general agent, can acquire possession for you, and that not only when you know, but even when you do not know of the fact of the acquisition: and through this possession ownership can be immediately acquired also, if it was the owner who delivered the thing; and if it was not, it can be acquired ultimately by usucapion or by the plea of long possession. ❋ John Baron Moyle (1891)
Consequently, in things movable even a person who possesses in good faith can seldom acquire ownership by usucapion, for he who sells, or on some other ground delivers possession of a thing belonging to another, commits a theft. ❋ John Baron Moyle (1891)
But all property necessarily originated in prescription, or, as the Latins say, in usucapion; that is, in continued possession. ❋ Unknown (1890)
Latins say, in _usucapion; _ that is, in continued possession. ❋ Unknown (1837)
The presumption upon which acquisition by usucapion is founded is, therefore, not merely its conformity to right as allowed and just, but also the presumption of its being right (praesumtio juris et de jure), and its being assumed to be in accordance with compulsory laws (suppositio legalis). ❋ Unknown (1790)
This mode of acquisition is not quite correctly designated acquisition by prescription (per praescriptionem); for the exclusion of all other claimants is to be regarded as only the consequence of the usucapion; and the process of acquisition must have gone before the right of exclusion. ❋ Unknown (1790)
But if he is a member of the commonwealth or civil union, the state may maintain his possession for him vicariously, although it may be interrupted as private possession; and in that case the actual possessor will not be able to prove a title of acquisition even from a first occupation, nor to found upon a title of usucapion. ❋ Unknown (1790)
But, in the state of nature, usucapion is universally a rightful ground of holding, not properly as a juridical mode of requiring a thing, but as a ground for maintaining oneself in possession of it where there are no juridical acts. ❋ Unknown (1790)
Prescription or usucapion, law of, | 15 | 24-28 | 25-34 ❋ W.A [Translator] Montriou (N/A)
We have consequently published a constitution on the subject, enacting that the period of usucapion for movables shall be three years, and that ownership of immovables shall be acquired by long possession -- possession, that is to say, for ten years, if both parties dwell in the same province, and for twenty years if in different provinces; and things may in these modes be acquired in full ownership, provided the possession commences on a lawful ground, not only in Italy but in every land subject to our sway. ❋ John Baron Moyle (1891)
It was a rule of the civil law that if a man in good faith bought a thing, or received it by way of gift, or on any other lawful ground, from a person who was not its owner, but whom he believed to be such, he should acquire it by usucapion -- if a movable, by one year's possession, and by two years 'possession if an immovable, though in this case only if it were in Italian soil; -- the reason of the rule being the inexpediency of allowing ownership to be long unascertained. ❋ John Baron Moyle (1891)
6 There are also other ways in which one man can transfer to another property which is not his own, without committing a theft, and thereby enable the receiver to acquire by usucapion. ❋ John Baron Moyle (1891)
a title to the property by usucapion, he will not be thereby saved from being condemned. ❋ John Baron Moyle (1891)
