Kamil Stolarski
Krakowskie Studia z Historii Państwa i Prawa, Tom 12, Zeszyt 2, Tom 12 (2019), s. 121 - 144
https://doi.org/10.4467/20844131KS.19.005.10666Iusta causa usucapionis According to Trebatius and the Vatican Fragments
The author of the paper discusses the construct of usucaption as approached by Trebatius and Fragmentum Vaticanum 1 in the context of just cause of usucaption (iusta causa usucapionis). In the sources analyzed in the text, one may find the oldest preserved mentions concerning the prerequisite for usucapio, which, according to the author, is an important element of that legal construct. The article presents the following fragments: D. 41,4,2,7; D. 41,6,4, D. 41,10,4 pr. and Fragmentum Vaticanum 1, giving much thought to the latter – particularly focusing on Labeo’s notion incorporated in the source. His standpoint, included in Fragmentum Vaticanum 1, was presented together with the opinions of earlier (veteres) and later (Sabinus, Cassius, Proculus, Celsus, Julian, and Paul) jurists. The texts indicate that at the turn of the republic and the Principate, usucaption was a well-formed institution, for which the reasonable cause of usucaption was an important premise. The lawyers of those times focused on the analyses of cases which today we would think of as the most difficult ones.