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The Institutes of Justinian by Unknown
page 67 of 272 (24%)

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' pos-
session 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. The ancients
thus considered that the periods mentioned were sufficient to
enable owners to look after their property; but we have arrived
at a better opinion, in order to save people from being over-
quickly defrauded of their own, and to prevent the benefit of
this institution from being confined to only a certain part of the
empire. 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 pos-
session commences on a lawful ground, not only in Italy but in
every land subject to our sway.

1 Some things, however, not withstanding the good faith of
the possessor, and the duration of his possession, cannot be
acquired by usucapion; as is the case, for instance, if one pos-
sesses a free man, a thing sacred or religious, or a runaway
slave. 2 Things again of which the owner lost possession by
theft, or possession of which was gained by violence, cannot
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