- 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-lat1:7.1.42.pr-7.1.42.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-12
This section explains the rights of a fructuary when the use and fruit of the same thing are bequeathed to different persons, and distinguishes between a bequest of the usufruct of things themselves and that of their valuation.
[FLORENTINUS libro undecimo institutionum.]
[FLORENTINUS, in the eleventh book of his Institutes.]
Si alii usus, alii fructus1 eiusdem rei legetur, id percipiet fructuarius, quod usuario supererit: nec minus et ipse fruendi causa et usum habebit.
If the use of the same thing is bequeathed to one person, and the fruit to another, the fructuary shall receive what remains for the usuary; and he himself will no less have the use also, for the purpose of enjoying the fruit.
Rerum an aestimationis usus fructus tibi legetur, interest:2 nam si quidem rerum legetur, deducto eo, quod praeterea tibi legatum est,3 ex reliquis bonis usum fructum feres: sin autem aestimationis usus fructus legatus est, id quoque aestimabitur, quod praeterea tibi legatum est. nam saepius idem legando non ampliat testator legatum: re autem legata etiam aestimationem eius legando ampliare legatum possumus.
It makes a difference whether the usufruct of things or of their valuation is bequeathed to you; for if indeed that of things is bequeathed, you will receive the usufruct from the remaining goods, after deducting that which has been bequeathed to you besides; but if the usufruct of the valuation is bequeathed, that which has been bequeathed to you besides will also be valued. For a testator does not increase a legacy by bequeathing the same thing more than once; but when a thing has been bequeathed, we can increase the legacy by also bequeathing its valuation.
- 7.1.42.pralii usus, alii fructus
The dative pronouns "alii ... alii ..." mean "to one ... to another ...", signifying "the use to one, the fruit to another," establishing two different rights over the same object.
- 7.1.42.1Rerum an aestimationis usus fructus tibi legetur, interest
The impersonal verb "interest" ("it matters" or "it makes a difference") takes the disjunctive indirect question clause "Rerum an aestimationis ... legetur" as its subject, with "legetur" as a third-person singular present subjunctive (or future indicative).
- 7.1.42.1deducto eo, quod praeterea tibi legatum est
"deducto eo" is an ablative absolute construction ("that having been deducted"), where the neuter demonstrative pronoun "eo" serves as the antecedent of the relative pronoun "quod", referring to "that which has been bequeathed to you besides."