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