Ad Sabinum libri
Ex libro XXXII
Paulus, On Sabinus, Book XXXII. In cases of usucaption, an error of law never benefits the possessor. Hence Proculus says that, if through mistake, a guardian does not, at the beginning of a sale or for a long time after it has been concluded, grant authority to his ward to make it, there will be no ground for usucaption, because an error of law exists. 1In an usucaption of movable property, the time is computed continuously. 2A slave, even though he may be at liberty, possesses nothing, and another does not possess anything by him. If, however, he should obtain possession in the name of another, while he is at liberty, he will acquire the property for him in whose name he obtained it. 3If my slave, or my son, holds anything in my name, or as part of his peculium, so that I am not aware that I possess it, or even that I am entitled to acquire it by usucaption, and he becomes insane, then it must be understood that the property remains in the same condition, and that I still retain possession of it, and have a right to usucaption, just as these rights continue to exist in our favor, even when the parties are asleep. The same rule must be said to apply to the case of a lessee, or a tenant through whom we acquire possession. 4Where anyone has obtained possession either by violence, clandestinely, or under a precarious title, and afterwards becomes insane, the possession and the title remain unchanged with reference to the property which the insane person holds precariously; just as, by means of an interdict, and by an action to obtain possession, we can legally institute proceedings in the name of an insane person, on account of the possession which he himself obtained before his reason became impaired, or acquired by means of another after his insanity had begun. 5The time which intervened before the estate was accepted, or after this was done, will benefit the heir in usucaption. 6Julianus says that if the deceased had made a purchase, and the heir thinks that he was in possession of the same as a donation, he can acquire the article by usucaption.