LUCRATIVA USUCAPIO

Lat. This species of usucapio was permitted in Roman law only in the case of persons taking possession of property upon the decease of its late owner, and in exclusion or deforcement of the heir, whence it was called “usucapio pro hwrede.” The adjective “lucrativa” denoted that property was acquired by this usucapio without any consideration or payment for it by way of purchase; and, as the possessor who so acquired the property was a maid fide possessor, his acquisition, or usucapio, was called also “improba,” (t. e., dishonest;) but this dishonesty was tolerated (until abolished by Hadrian) as an incentive to force the hwres to take possession, in order that the debts might be paid and the sacrifices performed; and, as a further incentive to the hceres, this usucapio was complete in one year. Brown.