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The Digest of Justinian

§7.1.32.pr

Reservation of Usufruct or Personal Rights in Alienation

The text discusses how a person transferring a house or land can validly reserve personal rights, such as use, usufruct, pasturage, or habitation, for themselves.

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[POMPONIUS libro trigensimo tertio ad Sabinum.]

[POMPONIUS in the thirty-third book on Sabinus.]

§7.1.32.pr

​Si quis unas aedes,1 quas solas habet, uel fundum tradit, excipere potest id, quod personae, non praedii2 est, ueluti usum et usum fructum. sed et si excipiat, ut pascere sibi uel inhabitare liceat, ualet exceptio, cum ex multis saltibus pastione fructus perciperetur. et habitationis exceptione, siue temporali siue usque ad mortem eius qui excepit, usus uidetur exceptus.

​If anyone delivers a single house, which is the only one he has, or a tract of land, he can reserve that which belongs to a person, not to an estate, such as use and usufruct. But also if he should reserve a right, so that it may be lawful for him to pasture cattle or to inhabit, the reservation is valid, since from many pastures fruit is gathered by pasturage. And by the reservation of habitation, whether temporary or up to the death of him who made the reservation, use is deemed to have been reserved.

Syntax notes2 items
  1. 7.1.32.prunas aedes

    Since 'aedes' (house) in the plural (aedes, -ium) is a plurale tantum meaning 'a single house', the numeral for 'one' is also used in its plural form 'unas'.

  2. 7.1.32.prpersonae, non praedii

    These are possessive genitives (used with 'est'), meaning that the right 'belongs to a person' (personal servitude, such as usufruct) and not 'to an estate' (praedial servitude).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.32.pr