- 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-lat1:7.1.47.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-13
This section establishes that if the heir failed to repair the property and the usufructuary was unable to enjoy it, the heir of the usufructuary can still bring an action for damages (interest) even after the usufruct has been extinguished by the usufructuary's death.
[POMPONIUS libro quinto ex Plautio.]
[POMPONIUS, in the fifth book on Plautius.]
Quod si heres hoc non fecisset et ob id fructuarius frui non potuisset, heres etiam fructuarii1 eo nomine habebit actionem, quanti fructuarii interfuisset non cessasse heredem,2 licet usus fructus morte eius interisset.
But if the heir had not done this, and on that account the usufructuary had not been able to enjoy the property, the heir of the usufructuary as well will have an action on that account for the amount of the usufructuary’s interest in the heir not having been negligent, even though the ususfruct had been extinguished by the death of the usufructuary.
- 7.1.47.prheres etiam fructuarii
The subject "heres" refers to "the heir of the usufructuary," with the genitive "fructuarii" modifying "heres." The adverb "etiam" (as well/also) emphasizes that not only the usufructuary himself, but also his heir, has the right to bring an action.
- 7.1.47.prquanti fructuarii interfuisset non cessasse heredem
A construction expressing the value of the action. "quanti" is a genitive of value/price. "interfuisset" is the pluperfect subjunctive of the impersonal verb "interest," which takes the genitive "fructuarii" to denote the person concerned (the usufructuary). The accusative-and-infinitive clause "non cessasse heredem" (that the heir had not been negligent) acts as the subject of "interest."