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The Digest of Justinian

§7.4.19.pr

Survival of Usufruct and Servitudes on Ownership Change

States that neither a usufruct nor rustic servitudes (the right of way or drive) are extinguished by a change of ownership.

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[GAIUS libro septimo ad edictum prouinciale.]

[GAIUS in the seventh book on the provincial edict.]

§7.4.19.pr

​Neque usus fructus neque iter actusue dominii mutatione amittitur.1

​Neither a usufruct nor a right of way or drive is lost by a change of ownership.

Syntax notes1 item
  1. 7.4.19.pramittitur

    Although the subjects usus fructus and iter actusue are connected by neque...neque..., the verb amittitur is in the singular. This is a standard Latin agreement rule where the verb agrees with the nearest subject (actus), or is understood to apply to each subject individually.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.4.19.pr