VI. Die longi temporis praescriptio in der diokletianischen Reskriptenpraxis

Abstract

Abstract The longi temporis praescriptio in Diocletian’s rescripts. The concept of longi temporis praescriptio, as it appears from the sources, is essentially the work of the lawyers in Diocletian’s chancellery. Taking a comprehensive approach that also extends to usucapio, they establish two firmly defined prerequisites: titulus as the objective element, that is given a technical denomination for the first time, and bona fides, understood as the good faith of the possessor. The praescriptio is thus transformed into an institute of substantive law, which not only corresponds to the replacement of formulary by cognition procedure, but is also in line with the already existing relation to the person of the owner. In this way, Diocletian’s jurists develop the available legal material in a thoroughly innovative manner.