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The Digest of Justinian

§7.1.63.pr

Transfer of Usufruct Not Held by the Landowner

Explains the legal principle that one can transfer what is not in one's own possession, using the example of a landowner who can cede a usufruct to another even if they do not currently hold it themselves.

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[PAULUS libro singulari de iure singulari.]

[PAULUS in his single book on Singular Law.]

§7.1.63.pr

​Quod nostrum non est, transferemus1 ad alios: ueluti is qui fundum habet, quamquam usum fructum non habeat, tamen usum fructum cedere2 potest.

​We sometimes transfer to others what is not ours; for example, one who owns land, although he may not have the usufruct, can nevertheless cede the usufruct.

Syntax notes2 items
  1. 7.1.63.prtransferemus

    Although it is the first-person plural future active indicative, here it does not predict a temporal future event, but expresses a general legal principle or potential action ('we transfer' / 'we may transfer').

  2. 7.1.63.prcedere

    Here it does not merely mean to 'give up' physically, but refers to establishing a usufruct as a limited real right for another person through a formal legal transfer of rights (such as in iure cessio).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.63.pr