elieves a
thing lent or let to, or deposited with, the person whom he succeeds,
to be a portion of the inheritance, sells or gives it by way of dowry to
another who receives it in good faith, there is no doubt that the latter
can acquire the ownership of it by usucapion; for the thing is here not
tainted with the flaw attaching to stolen property, because an heir does
not commit a theft who in good faith conveys a thing away believing it
to be his own.

5 Again, the usufructuary of a female slave, who believes her offspring
to be his property, and sells or gives it away, does not commit a theft:
for theft implies unlawful intention.

6 There are also other ways in which one man can transfer to another
property which is not his own, without committing a theft, and thereby
enable the receiver to acquire by usucapion.

7 Usucapion of property classed among things immovable is an easier
matter; for it may easily happen that a man may, without violence,
obtain possession of land which, owing to the absence or negligence of
its owner, or to his having died and left no successor, is presently
possessed by no one. Now this man himself does not possess in good
faith, because he knows the land on which he has seized is not his own:
but if he delivers it to another who receives it in good faith, the
latter can acquire it by long possession, because it has neither
been stolen nor violently possessed; for the idea held by some of the
ancients, that a piece of land or a place can be stolen, has now been
exploded, and imperial constitutions have been enacted in the interests
of persons possessing immovables, to the effect that no one ought to
be deprived of a thing of which he has had long and unquestioned
possession.

8 Sometimes indeed even things which have been stolen or violently
possessed can be acquired by usucapion, as for instance after they have
again come under the power of their real owner: for by this they are
relieved from the taint which had attached to them, and so become
capable of usucapion.

9 Things belonging to our treasury cannot be acquired by usucapion. But
there is on record an opinion of Papinian, supported by the rescripts of
the Emperors Pius, Severus, and Antoninus, that if, before the property
of a deceased person who has left no heir is reported to the exchequer,
some one has bought or received some part thereof, he can acquire it by
usucapion.

10 Finally, it is to be observed that things are in