ns belongs to their owner, to whom they belong themselves.
Accordingly, if such a slave is instituted heir, or made legatee
or donee, the succession, legacy, or gift is acquired, not for the
usufructuary, but for the owner. And a man who in good faith possesses a
free man or a slave belonging to another person has the same rights as
a usufructuary; what they acquire by any other mode than the two we have
mentioned belongs in the one case to the free man, in the other to the
slave's real master. After a possessor in good faith has acquired the
ownership of a slave by usucapion, everything which the slave acquires
belongs to him without distinction; but a fructuary cannot acquire
ownership of a slave in this way, because in the first place he does not
possess the slave at all, but has merely a right of usufruct in him,
and because in the second place he is aware of the existence of another
owner. Moreover, you can acquire possession as well as ownership through
slaves in whom you have a usufruct or whom you possess in good faith,
and through free persons whom in good faith you believe to be your
slaves, though as regards all these classes we must be understood to
speak with strict reference to the distinction drawn above, and to mean
only detention which they have obtained by means of your property or
their own work.
5 From this it appears that free men not subject to your power, or whom
you do not possess in good faith, and other persons' slaves, of whom
you are neither usufructuaries nor just possessors, cannot under any
circumstances acquire for you; and this is the meaning of the maxim
that a man cannot be the means of acquiring anything for one who is
a stranger in relation to him. To this maxim there is but one
exception--namely, that, as is ruled in a constitution of the Emperor
Severus, a free person, such as a general agent, can acquire possession
for you, and that not only when you know, but even when you do not know
of the fact of the acquisition: and through this possession ownership
can be immediately acquired also, if it was the owner who delivered the
thing; and if it was not, it can be acquired ultimately by usucapion or
by the plea of long possession.
6 So much at present concerning the modes of acquiring rights over
single things: for direct and fiduciary bequests, which are also among
such modes, will find a more suitable place in a later portion of our
treatise. We proceed therefore to the titles wh
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