- 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-lat1:7.1.57.pr-7.1.57.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-13
It is ruled that if a bequest of land is invalidated by a successful action against an inofficious testament, the original usufruct survives unimpaired; furthermore, when a usufruct bequeathed to multiple freedmen for maintenance is partially terminated by death, that portion reverts to the owner.
[PAPINIANUS libro septimo responsorum.] Dominus fructuario praedium, quod ei per usum fructum seruiebat, legauit, idque praedium aliquamdiu possessum legatarius restituere filio, qui causam inofficiosi testamenti recte pertulerat,1 coactus est: mansisse fructus ius integrum ex post facto apparuit.2 Per fideicommissum fructu praediorum ob alimenta libertis relicto partium emolumentum ex persona uita decedentium3 ad dominum proprietatis recurrit.
[PAPINIANUS in the seventh book of Opinions.] An owner bequeathed to a usufructuary a tract of land which had been subject to a usufruct in his favor; and the legatee, after having possessed this land for some time, was compelled to restore it to the son who had successfully conducted an action on the ground of an inofficious testament: it appeared from subsequent events that the right of usufruct had remained unimpaired. Where the usufruct of tracts of land is left by a fideicommissum to freedmen for their maintenance, the benefit of the shares of those who die recurs to the owner of the property from their person.
- 7.1.57.prcausam inofficiosi testamenti recte pertulerat
Meaning 'had rightfully carried through (i.e. successfully prosecuted) the case of an inofficious testament'. This indicates that the son (filio) succeeded in proving the testament invalid, which in turn nullified the legacy (legatum) and forced the legatee (legatarius) to restore the land to the son.
- 7.1.57.prmansisse fructus ius integrum ex post facto apparuit
The accusative with infinitive clause mansisse... ius functions as the subject of the impersonal verb apparuit. Although the bequest of ownership to the usufructuary seemed to extinguish the usufruct by merger (confusio), the retroactive invalidation of the legacy meant that the usufruct was deemed never to have been extinguished, but rather to have remained unimpaired (integrum).
- 7.1.57.1uita decedentium
Here uita is an ablative of separation modifying the present participle decedentium (genitive plural of decedere, 'to depart/pass away'), meaning 'those departing from life' (i.e. the dying freedmen). Upon their death (ex persona... decedentium), the benefit of their respective shares (partium emolumentum) for maintenance reverts (recurrit) to the owner of the property (dominus proprietatis) rather than accruing to the surviving freedmen.