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The Digest of Justinian

§5.3.37.pr

Allowance of Expenses for Possessor without Fruits

It states that it is most equitable to take into account the expenses incurred by a bona fide possessor even if they have gathered no fruits.

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[ULPIANUS libro quinto decimo ad edictum.]

[ULPIAN in his fifteenth book on the Edict.]

§5.3.37.pr

​Quod si sumptus quidem fecit, nihil autem fructuum perceperit, aequissimum erit rationem horum quoque in bonae fidei possessoribus haberi.1

​But if he has indeed incurred expenses, but has gathered no fruits, it will be most equitable that account should be taken of these as well in the case of bona fide possessors.

Syntax notes1 item
  1. 5.3.37.prrationem horum quoque ... haberi

    This is an accusative with infinitive clause functioning as the subject of the impersonal expression aequissimum erit. rationem haberi is the passive of rationem habere ("to take account of"), which governs the genitive horum (referring back to the expenses, sumptus).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.37.pr