Roman Law Usucaption: Acquisition by Possession

Usucaption in Roman Law: Acquisition by Possession

Usucaption is a method in Roman law by which a person could acquire Quiritary ownership of a thing through continuous possession for a specified period.

Things Not Subject to Usucaption

• Things that are furtive (stolen). Although initially allowed by the Twelve Tables, the Lex Atinia later stipulated that stolen goods could not be acquired by usucaption, ensuring their return to the owner.
• Things obtained by violence.
• Things outside of commerce (res extra commercium).
• Things mancipi transferred without the auctoritas (authority) of a woman's guardian.

Habiles Res: Things Subject to Usucaption

Things that can be acquired by usucaption are known as habiles res.

Essential Requirements for Usucaption

1. Tempus (Time)

This refers to the time required to acquire possession. The period was one year for movable things and two years for immovable things.

• Possession must be continuous. Any interruption requires the usucaption period to restart.
• The death of the possessor does not interrupt usucaption, as heirs can complete the required period (successio possessionis).
• A legal action brought against the usucapient does not automatically interrupt usucaption. However, if the judge rules in favor of the claimant, the thing must be returned or its equivalent value paid.

2. Bona Fides (Good Faith)

This refers to the belief that the transferor of the thing was its rightful owner.

• Good faith is essential for usucaption to occur; bad faith prevents it.
• If bad faith is discovered after the usucaption period is complete, it does not invalidate the acquisition.

3. Iusta Causa (Just Cause)

This refers to a valid legal basis for acquiring possession, similar to the causa in traditio. It is a requirement under ius civile.

• A iusta causa justifies the commencement of usucaption. Not all legal acts provide this justification.

Common Types of Iusta Causa:

• Pro legato: When a testator bequeaths a thing they do not own.
• Pro herede: When an heir takes possession of an inheritance, but the deceased was not the true owner of some items. The heir must then usucapt these items.
• Pro derelicto: For abandoned things. The Sabinians believed abandoned movable property could be acquired by occupation, while the Proculeians argued that usucaption was necessary.
• Pro donato: When a person receives a donation, but the donor was not the owner, or the donation of a res mancipi was made by traditio instead of mancipatio.
• Pro decreto: Based on a praetor's decree, allowing a person to acquire ownership through usucaption, often with a one-year period to complete the process.
• Pro suo: When someone possesses a thing believing it to be theirs, but there was a mistake regarding the iusta causa.
• Pro soluto: When possession is acquired as payment for a debt, but the transfer was flawed (e.g., traditio of a res mancipi).
• Pro dote: When a paterfamilias contributes a dowry, but is not the true owner of the dowry items, requiring the husband to usucapt them.