← Justinian I

The Digest of Justinian

§7.1.73.pr

Right of Usufructuary to Build a Hut on Vacant Land

It states that the holder of the usufruct of a vacant plot of land has the right to build a cottage there for the purpose of guarding the property located on the plot.

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[POMPONIUS libro quinto ad Sabinum.]

[POMPONIUS libro quinto ad Sabinum.]

§7.1.73.pr

​Si areae usus fructus legatus sit mihi, posse me casam ibi aedificare1 custodiae causa2 earum rerum, quae in area sint.

​If the usufruct of a vacant plot of land has been bequeathed to me, I can build a cottage there for the purpose of safeguarding those things which are on the plot.

Syntax notes2 items
  1. 7.1.73.prposse me ... aedificare

    Accusative with infinitive construction. In the context of stating a jurist's opinion (responsum), it is presented in indirect speech ("that I can build"), with the main verb of saying or deciding (such as respondit or scribit) being omitted or understood.

  2. 7.1.73.prcustodiae causa

    Expression of purpose or cause, with the genitive custodiae (safekeeping, guarding) modifying the postposition causa (for the sake of, for the purpose of). Furthermore, custodiae itself takes earum rerum as an objective genitive, forming the meaning "for the purpose of safeguarding those things."

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.73.pr