But, in
the state of nature, usucapion is universally a rightful ground of
holding, not properly as a juridical mode of requiring a thing, but as
a ground for maintaining oneself in possession of it where there are
no juridical acts. A release from juridical claims is commonly also
called acquisition. The prescriptive title of the older possessor,
therefore, belongs to the sphere of natural right (est juris naturae).
34. II. Acquisition by Inheritance.
(Acquisitio haereditatis).
Inheritance is constituted by the transfer (translatio) of the
property or goods of one who is dying to a survivor, through the
consent of the will of both. The acquisition of the heir who takes the
estate (haeredis instituti) and the relinquishment of the testator who
leaves it, being the acts that constitute the exchange of the mine and
thine, take place in the same moment of time- in articulo mortis-
and just when the testator ceases to be. There is therefore no special
act of transfer (translatio) in the empirical sense; for that would
involve two successive acts, by which the one would first divest
himself of his possession, and the other would thereupon enter into
it. Inheritance as constituted by a simultaneous double act is,
therefore, an ideal mode of acquisition.
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