Legal Definitions - lucrativa usucapio pro herede

Definition: Lucrativa usucapio pro herede is a legal term from Roman law. It refers to a way of acquiring ownership of land that an heir has not possessed before and excluding the rightful heirs by holding it for one year after the death of the landowner. This practice was common in primitive law and did not require the possessor to act in good faith.

Example: If a landowner dies and leaves behind a piece of land that their heir has not possessed before, another person can acquire ownership of the land by holding it for one year after the landowner's death. This means that the rightful heirs will be excluded from inheriting the land, and the person who held it for a year will become the new owner. This practice was common in ancient times and was used to settle disputes over land ownership.

Explanation: Lucrativa usucapio pro herede was a way of acquiring ownership of land that was not possessed by the rightful heirs. It allowed another person to hold the land for one year after the landowner's death and become the new owner. This practice was used to settle disputes over land ownership and was common in ancient times. However, it did not require the possessor to act in good faith, which means that they could acquire ownership of the land without accepting burdensome conditions or giving consideration.