Occupazione clandestina e lex Plautia de vi

Abstract

According to many texts of the Digesta Iustiniani, possession animo retenta of land, in case of a clandestine occupation, was not lost at once, but only if the possessor learned of the intrusion and took no steps to recover the land or the occupant repelled him. In opposition to the prevalent view the author believes that this rule applied already in the first century B.C. and supports his opinion on the ground of the lex Plautia de vi.