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The Digest of Justinian

§7.1.43.pr

Bequest of Usufruct of a Part and Implied Half Share

This section explains that the usufruct of a part of one's property can be bequeathed, and that if no specific share is mentioned, it is understood to mean a half share of the property.

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[ULPIANUS libro septimo regularum.]

[ULPIANUS, in the seventh book of his Rules.]

§7.1.43.pr

​Etiam partis bonorum1 usus fructus legari potest. si tamen non sit specialiter facta partis mentio,2 dimidia pars bonorum continetur.3

​The usufruct of a part of property can also be bequeathed. If, however, no special mention of the part is made, a half part of the property is understood to be included.

Syntax notes3 items
  1. 7.1.43.prpartis bonorum

    partis is the genitive singular of pars, limiting bonorum (genitive plural of bona, "property"). The entire phrase functions as a genitive qualifying usus fructus.

  2. 7.1.43.prsi tamen non sit specialiter facta partis mentio

    sit facta is the perfect passive subjunctive third-person singular of facio, expressing a general assumption within the condition introduced by si. partis is a genitive depending on mentio ("mention of a part").

  3. 7.1.43.prdimidia pars bonorum continetur

    continetur is the present passive indicative third-person singular of contineo ("to contain" or "to include"), meaning "half of the property is understood to be included."

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.43.pr