- 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-lat1:7.2.5.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-13
Presents Julian's view on the accrual of a co-usufructuary's share and its legal nature when the owner transfers the ownership of a land while reserving the usufruct.
[GAIUS libro septimo ad edictum prouinciale.]
[GAIUS from the seventh book on the provincial edict.]
et si tradideris alicui proprietatem deducto usu fructu,1 nihilo minus putat Iulianus adcrescere,2 nec uideri nouum tibi adquiri usum fructum.3
And if you transfer the ownership to someone, reserving the usufruct, Julian thinks that it nevertheless accrues to you, and that it does not seem that a new usufruct is acquired by you.
- 7.2.5.prdeducto usu fructu
An ablative absolute construction using the perfect passive participle of deducere (to deduct, reserve). It is a legal term of art meaning that the usufruct is reserved to the transferor while the ownership is transferred.
- 7.2.5.pradcrescere
The subject accusative of the infinitive adcrescere (to accrue) is omitted, but in context, it refers to the share of the usufruct that was lost by the other co-usufructuary. This denotes the accrual under the right of accrual (ius adcrescendi).
- 7.2.5.prnouum tibi adquiri usum fructum
An accusative with infinitive clause serving as the subject of uideri (to seem, be deemed), where nouum usum fructum is the subject accusative, adquiri is the present passive infinitive, and tibi is the dative. It indicates that the accrual of the co-usufructuary's share is an expansion of an existing right, not the acquisition of a new one.