- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.38.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-12
This section explains that the use of a usufruct by another in the name of the usufructuary prevents its extinction through non-use, and notes a special rule regarding sale.
[MARCIANUS libro tertio institutionum.]
[MARCIANUS, in the third book of Institutes.]
Non utitur usufructuarius, si nec ipse utatur nec nomine eius1 alius, puta qui emit uel qui conduxit uel cui donatus est uel qui negotium eius gerit. plane illud interest, quod,2 si uendidero usum fructum, etiamsi emptor non utatur, uideor usum fructum retinere,
A usufructuary does not use the usufruct if neither he himself uses it nor another in his name, such as one who has bought it, or who has hired it, or to whom it has been donated, or who manages his affairs. Clearly there is this difference, that if I sell the usufruct, even if the buyer does not use it, I am deemed to retain the usufruct,
- 7.1.38.prnomine eius
'In his name,' meaning on behalf of the usufructuary. Even if the usufructuary does not use the property personally, use by those who obtained rights of use from him (buyer, lessee, donee) or a manager of his affairs (negotiorum gestor) is legally attributed to the usufructuary, preventing the loss of the usufruct through non-use (non usus).
- 7.1.38.prillud interest, quod
A construction where the impersonal verb 'interest' is accompanied by the demonstrative pronoun 'illud,' which is explained by the following 'quod' clause, meaning 'there is this difference, that...'. It introduces an exceptional fiction: although the previous sentence implies that the buyer's non-use generally means the usufructuary does not use it, in the case of a sale, the seller is deemed to retain the usufruct even if the buyer does not actually use it.