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The Digest of Justinian

§8.6.21.pr

Preservation of Servitude Through Usufructuary Use

Paulus explains that a servitude is retained even if the usufructuary uses it in his own name.

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[PAULUS libro quinto sententiarum.]

[PAULUS, from the fifth book of Opinions.]

§8.6.21.pr

​fructuarius licet suo nomine.1

​The usufructuary, even if [he uses it] in his own name.

Syntax notes1 item
  1. 8.6.21.prlicet suo nomine

    licet here functions as a concessive conjunction meaning "even if" or "although", with the verb of use (such as the subjunctive utatur from uti) understood from the context. It indicates that the servitude is preserved even though the usufructuary exercises it in his own name (suo nomine) rather than in the name of the owner.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.6.21.pr