- 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-lat1:7.4.7.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-13
It discusses the exception where the owner cedes the usufruct of the site after the building has been demolished, provided that the period within which the usufruct is lost has not yet elapsed.
[IULIANUS libro trigensimo quinto digestorum.]
[JULIANUS from the thirty-fifth book of the Digest.]
nisi sublato aedificio1 usum fructum areae mihi cesserit,2 tempore scilicet quo usus fructus perit transacto.3
...unless, after the building has been demolished, he has ceded to me the usufruct of the site; of course, once the period in which the usufruct is lost has elapsed.
- 7.4.7.prsublato aedificio
An ablative absolute construction formed by "sublato", the perfect passive participle of "tollere" (to demolish, remove), and the noun "aedificio". It refers to the state after the building has been destroyed as a prerequisite for the re-cession of the usufruct.
- 7.4.7.prnisi ... cesserit
The fragment consists only of a subordinate clause starting with the conjunction "nisi", establishing an exception to the preceding discussion on the extinction of usufruct when a building is destroyed. The unexpressed subject is the owner of the property.
- 7.4.7.prtempore ... transacto
An ablative absolute where the relative clause "quo usus fructus perit" (within which the usufruct is lost) modifies the antecedent "tempore". It acts as a restrictive clause, indicating that the remedy of cession is unavailable if the statutory period for the loss of usufruct (e.g., through non-use) has already elapsed.