- 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-lat1:7.2.10.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-13
This fragment discusses an exceptional legal rule regarding the accrual of usufruct, where a lost usufruct accrues to a co-legatee who has also lost their share, rather than reverting to the owner.
[ULPIANUS libro septimo decimo ad edictum.]
[ULPIANUS from the seventeenth book on the Edict.]
Interdum pars usus fructus et non habenti partem suam, sed amittenti1 adcrescit: nam si usus fructus duobus fuerit legatus et alter lite contestata amiserit usum fructum, mox et collegatarius, qui litem contestatus non erat, usum fructum amisit, partem dimidiam dumtaxat, quam amisit qui litem contestatus est2 aduersus eum qui se liti optulit, a possessore consequitur: pars enim collegatarii ipsi adcrescit, non domino proprietatis: usus fructus enim personae adcrescit et si fuerit amissus.3
Sometimes a part of a usufruct accrues even to one not holding his own part, but losing it. For if a usufruct has been bequeathed to two persons, and one of them, after joinder of issue, has lost the usufruct, and soon afterwards the co-legatee, who had not joined issue, also lost the usufruct, the one who joined issue recovers from the possessor only the half part which he lost against the one who offered himself to the suit; for the part of the co-legatee accrues to him, not to the owner of the property; for a usufruct accrues to the person, even if it has been lost.
- 7.2.10.prnon habenti partem suam, sed amittenti
Dative present participles serving as indirect objects of the verb adcrescit. Normally, accrual occurs to the co-legatee who still holds their share, but here it describes an exceptional situation where the accrual goes to the one who has already lost their own share (amittenti).
- 7.2.10.prqui litem contestatus est
The subject of the verb consequitur, with the antecedent of the relative pronoun qui being omitted (i.e., is qui...). It refers to the co-legatee who had joined issue (lit. contested the suit).
- 7.2.10.pret si fuerit amissus
et si introduces a concessive clause meaning "even if". fuerit amissus is the perfect passive of amittere. It indicates that even though the usufruct has been lost (by the co-legatee), it still accrues to the other co-legatee who also lost theirs, rather than reverting to the owner.
Translated by Gemini 3.5 Flash (published 2026-07-12) · Revision history (1, latest 2026-09-21)
- 2026-09-21 AI review — translation 1