- 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-lat1:7.1.59.pr-7.1.59.2
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-13
This chunk addresses whether the usufructuary is obliged to replace trees blown down by a storm, the entitlement of the usufructuary to the natural produce and existing rents of the land, and their right to profits from reeds and stakes.
[PAULUS libro tertio sententiarum.]
[PAULUS in the third book of Opinions.]
Arbores ui tempestatis, non culpa fructuarii euersas ab eo substitui non placet.1
It is not held that trees blown down by the violence of a storm, and not through the fault of the usufructuary, must be replaced by him.
Quidquid in fundo nascitur uel quidquid inde percipitur, ad fructuarium pertinet, pensiones quoque iam antea locatorum agrorum, si ipsae quoque specialiter comprehensae sint. sed ad exemplum uenditionis, nisi fuerint specialiter exceptae,2 potest usufructuarius conductorem repellere.
Whatever grows on the land or whatever is gathered therefrom belongs to the usufructuary, as do also the rents of lands already leased out beforehand, if these rents themselves are specifically included. But, following the analogy of a sale, unless they have been specifically excepted, the usufructuary can evict the tenant.
Caesae harundinis uel pali compendium, si in eo quoque fundi uectigal esse consueuit,3 ad fructuarium pertinet.
The profit from cut reeds or stakes also belongs to the usufructuary, if the revenue of the land was accustomed to consist in this as well.
- 7.1.59.prArbores ... substitui non placet
The negative impersonal expression non placet ("it is not approved/decided") governs an Accusative with Infinitive (AcI) construction. arbores... euersas ("trees having been blown down") is the subject accusative of the passive infinitive substitui ("to be replaced"), and ab eo ("by him", referring to the usufructuary) denotes the agent.
- 7.1.59.1nisi fuerint specialiter exceptae
The subject of fuerint exceptae (3rd person plural feminine, future perfect passive subjunctive) refers contextually to pensiones (rents) or the leases themselves. In Roman law, by analogy with a sale (ad exemplum uenditionis), a purchaser was not bound by a lease unless specifically agreed ("sale breaks hire"). The same rule applies to the usufructuary, who can evict the tenant (conductorem repellere) unless the lease or rents were specifically excepted/reserved when the usufruct was created.
- 7.1.59.2si in eo quoque fundi uectigal esse consueuit
The ablative neuter singular demonstrative eo refers contextually to the harvesting or sale of cut reeds and stakes (caesae harundinis uel pali). The clause means "if the revenue of the land (fundi uectigal) was accustomed to consist (esse consueuit) in this (in eo) as well (quoque)," representing the condition under which such profits belong to the usufructuary.