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The Digest of Justinian

§7.1.11.pr

Prohibition on Usufructuary Cutting Down Large Trees

It states the juristic opinion that if the trees are large, the usufructuary is not allowed to cut them down.

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[PAULUS libro secundo epitomatorum Alfeni digestorum.]

[PAULUS, Epitomes of Alfenus’ Digests, book 2]

§7.1.11.pr

​Sed si grandes arbores essent,1 non posse eas caedere.2

​But if they were large trees, he cannot cut them down.

Syntax notes2 items
  1. 7.1.11.prsi grandes arbores essent

    The subjunctive imperfect essent is used here because the clause is a subordinate clause within indirect speech (oratio obliqua), which triggers the subjunctive mood.

  2. 7.1.11.prnon posse eas caedere

    This clause is structured in indirect speech (oratio obliqua), which is why the main verb is the infinitive posse. The implied subject (in the accusative) of posse is usufructuarius (the usufructuary), continued from the preceding context, while eas (them) refers to grandes arbores and serves as the object of the infinitive caedere.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.11.pr