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LUCRATIVA USUOAPIO

Categories: Contracts

Definition (1910 Edition)

Lat. This species of uwsucapio was permitted in Roman law only in the case of persons taking possession of property upon the decease of its late owner, and in exclusion or deforcement of the heir, whence it was called “usucapio pro herede.” The adjective “lucrativa”’ denoted that property was acquired by this usucapio without any consideration or payment for it by way of purchase; and, as the possessor who so acquired the property was a mala fide possessor, his acquisition, or wswcapio, was called also “improba,” (c. c€., dis honest;) but this dishonesty was tolerated (until abolished by Hadrian) as an incentive to force the heres to take possession, in or der that the debts might be paid and the sacrifices performed; and, as a further incentive to the heres, this usucapto was complete in one year. Brown.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.