Pro donato
(Concerning Possession on the Ground of Donation.)
1 Paulus libro quinquagensimo quarto ad edictum. Pro donato is usucapit, cui donationis causa res tradita est: nec sufficit opinari, sed et donatum esse oportet. 1Si pater filio quem in potestate habet donet, deinde decedat, filius pro donato non capiet usu, quoniam nulla donatio fuit. 2Si inter virum et uxorem donatio facta sit, cessat usucapio. item si vir uxori rem donaverit et divortium intercesserit, cessare usucapionem Cassius respondit, quoniam non possit causam possessionis sibi ipsa mutare: alias ait post divortium ita usucapturam, si eam maritus concesserit, quasi nunc donasse intellegatur. possidere autem uxorem rem a viro donatam Iulianus putat.
1 Paulus, On the Edict, Book LIV. He to whom property has been delivered as a gift acquires it by usucaption, because of the donation. It is not sufficient to think that this was the case, but it is necessary for the donation actually to be made. 1If a father makes a donation to his son whom he has under his control, and then dies, the son cannot acquire the property given by usucaption, for the reason that the donation is void. 2Where a donation is made between husband and wife, usucaption does not take place. Moreover, Cassius says that if a husband should give property to his wife, and a divorce should then take place, usucaption cannot be acquired because the wife cannot, herself, change the title to possession. He states that the rule is different, and that she can obtain the property by usucaption after the divorce, if the husband has allowed her to use the property just as if he was understood to have donated it to her. Julianus, however, thinks that a wife is in possession of property donated by her husband.
2 Marcellus libro vicensimo secundo digestorum. Si is, qui alienam rem donaverit, revocare constituerit donationem, etiamsi iudicium ediderit remque coeperit vindicare, curret usucapio.
2 Marcellus, Digest, Book XXII. Where anyone donates property belonging to another, and determines to revoke the donation, even if he has instituted proceedings to recover it, the usucaption will continue to run.
3 Pomponius libro vigensimo quarto ad Quintum Mucium. Si vir uxori vel uxor viro donaverit, si aliena res donata fuerit, verum est, quod Trebatius putabat, si pauperior is qui donasset non fieret, usucapionem possidenti procedere.
3 Pomponius, On Quintus Mucius, Book XXIV. When a husband makes a donation to his wife, or a wife to her husband, and the property donated belongs to another, the opinion of Trebatius is, if the party who made the donation does not become any poorer by doing so, the possessor can acquire the property by usucaption, is correct.
4 Idem libro trigensimo secundo ad Sabinum. Si pater filiae donaverit, quae in potestate eius erat, et eam exheredaverit: si id heres eius ratum habeat, exinde ea usucapiet donationem, qua ex die ratam heres donationem habuerit.
4 The Same, On Sabinus, Book XXXII. If a father makes a donation to his daughter, who is under his control, and has disinherited her, and the heir ratines the donation, she can begin to acquire it by usucaption from the day when the ratification was made.
5 Scaevola libro quinto responsorum. Qui pro donato coeperat usucapere, manumittendo nihil egit, quia nec dominium nanctus fuerit: quaesitum est, an usucapere desierit. respondi eum de quo quaeritur omississe videri possessionem et ideo usucapionem interruptam.
5 Scævola, Opinions, Book V. Where anyone has begun to acquire a slave by usucaption, as a gift, and manumits him, the act of manumission is void, because he has not yet obtained the ownership of the slave. The question arose whether he had ceased to acquire him by usucaption. The answer was that with reference to the person in question, he seemed to have relinquished possession, and hence usucaption was interrupted.
6 Hermogenianus libro secundo iuris epitomarum. Donationis causa facta venditione non pro emptore, sed pro donato res tradita usucapitur.
6 Hermogenianus, Epitomes of Law, Book II. When sale has been made which is, in fact, a donation, the property delivered is acquired by usucaption, as a purchase, and not as a gift.