Causa and titulus. Qualifications of possession and a change of terminology in Ulp. D. 5,3,13,1 . – In D. 5,3,13,1, Ulpian states that every title to possession (like pro emptore , pro donato etc.) could be accompanied by a general title pro possessore , which becomes decisive if the other title failed. The text is interesting in two aspects: First, it is one of only a handful of classical texts which speak of titulus instead of causa possessionis . Therefore, the text is still today suspected of interpolation. Second, it is heavily disputed which circumstances lead to a possession pro possessore and why this typolology is used at all. This article proposes a solution to both problems. The pro possessore terminology can only be assessed correctly if we focus the procedural position of the possessor, especially in the realm of the hereditatis petitio . The new terminology ( titulus ) is a mere consequence of the fact, that the burden of prove is assigned according to the ,title‘ of possession indicated by the possessor, not by the real (and possibly unprovable) cause.
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