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The Digest of Justinian

§2.9.3.pr

Denial of Usufruct for Failing to Defend a Slave in Noxal Action

This section provisions that if a noxal action is brought against a usufructuary and they fail to defend the slave, the praetor denies them the pursuit of their usufruct.

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[ULPIANUS libro septimo ad edictum.]

[ULPIAN, in the seventh book on the Edict.]

§2.9.3.pr

​Si cum usufructuario noxali iudicio agetur isque seruum non defenderit, denegatur ei per praetorem usus fructus persecutio.1

​If a noxal action is brought against a usufructuary and he does not defend the slave, the pursuit of the usufruct is denied to him by the praetor.

Syntax notes1 item
  1. 2.9.3.prusus fructus persecutio

    Meaning 'the pursuit of the usufruct', referring to the enforcement of the action by which the usufructuary asserts their right. If the usufructuary refuses to defend the slave in a noxal action, the praetor denies them this remedy as a sanction.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.9.3.pr