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The Digest of Justinian

§6.1.64.pr

Restitution of Fruits from Things Intended for Use

It is explained that in an action in rem, even for things intended for use rather than producing fruit, any fruits (or usage benefits) must be restored.

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[IDEM libro uicensimo quaestionum.]

[THE SAME in the twentieth book of Questions.]

§6.1.64.pr

​Cum in rem agitur, eorum quoque nomine, quae usui non fructui sunt,1 restitui fructus2 certum est.

​When an action in rem is brought, it is certain that fruits must be restored also on account of those things which are for use and not for fruit.

Syntax notes2 items
  1. 6.1.64.prusui non fructui sunt

    usui and fructui are datives of purpose (part of a double dative construction) with sunt, indicating the purpose or character of the things ("are for use, not for fruit").

  2. 6.1.64.prrestitui fructus

    restitui is a present passive infinitive, forming an accusative with infinitive (AcI) construction with fructus (accusative plural of the fourth declension) as its subject, which serves as the subject of certum est.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.64.pr