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The Digest of Justinian

§7.1.53.pr

Survival of Usufruct of the Site if Any Part Stands

Explains that if the usufruct of an apartment building is bequeathed, as long as any part of the building remains, the usufructuary retains the usufruct of the entire ground.

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[IAUOLENUS libro secundo epistularum.]

[JAVOLENUS, in the second book of Epistles.]

§7.1.53.pr

​Si cui1 insulae usus fructus legatus est, quamdiu quaelibet portio2 eius insulae remanet, totius soli3 usum fructum retinet.

​If the usufruct of an apartment building is bequeathed to anyone, as long as any part whatever of that building remains, he retains the usufruct of the entire ground.

Syntax notes3 items
  1. 7.1.53.prcui

    Dative of the indefinite pronoun aliquis, which loses its prefix ali- after si, referring to the legatee.

  2. 7.1.53.prquaelibet portio

    Nominative feminine singular of the indefinite pronoun quilibet ('any whatever'), emphasizing that the usufruct persists as long as even the smallest portion of the building remains.

  3. 7.1.53.prsoli

    Genitive singular of the neuter noun solum ('soil', 'ground', 'site'). It indicates that even if the building is destroyed, the usufruct over the underlying land remains intact.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.53.pr