Theses de hereditatibus, quae ab intestato deferuntur

X.
From all these things it follows that an inheritance cannot be acquired by prescription original: "usucapi" — ownership by continuous possession; it cannot be possessed as divided; furthermore, an inheritance exists even if there are no corporeal things within it; indeed, even a burdensome inheritance is still an inheritance.

XI.
And it appears that the definition of inheritance handed down by Cicero in his Topics can hardly be defended or sustained.

XII.
Likewise, Seneca is understood to have written badly when he said: The subtleties of those jurists are nonsense, who deny that an inheritance can be acquired by prescription, but that those things which are in the inheritance can. As if an inheritance is anything other than those things which are in the inheritance.

XIII.
Finally, it also becomes known that by the entry the act of accepting the inheritance, the name of inheritance is overturned, removed, and extinguished; so much so that whenever an inheritance is spoken of after the entry, it is done improperly.

XIIII.
Although, however, with the inheritance entered, all rights pass to the heirs; nevertheless, with Iavolenus and Ulpian, we lay down indefinitely, in the case of both one’s own heir and a stranger, that possession, unless seized, does not pertain to the heirs.

XV.
For inheritance transfers to the heir only that (as Scaevola is the author) which is of the inheritance.

XVI.
It does not, however, transfer the possession the deceased had.

XVII.
And therefore, before possession is seized, the heir cannot act against the possessor with any interdict for retaining or recovering possession; but a remedy is available to him for acquiring it; or