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Justinian I · The Digest of Justinian §10.2.14.pr-10.2.14.1

Usucaption by Third Parties and Usufruct in Partition

Passage 1651 of 9271 · Latin

Summary

The passage discusses the effect of a third party's completed usucaption on the assets of a partition suit, and queries whether a usufruct is to be included in such a suit when land is bequeathed with the usufruct deducted.

[ULPIANUS libro nono decimo ad edictum. ] §10.2.14.prSed et si usucapio fuerit coepta ab eo, qui heres non erat, ante litem contestatam et postea impleta fuerit, rem de iudicio subducit.
[ULPIAN, On the Edict, book 19] But also if usucaption was begun before the joinder of issue by one who was not an heir, and was completed afterwards, it withdraws the property from the trial.
§10.2.14.1Usus fructus an in iudicium deducatur, quaeritur: ut puta si deducto usu fructu fundus fuit ab heredibus legatus
It is asked whether a usufruct is brought into the trial: as for instance, if a tract of land was bequeathed by the heirs with the usufruct deducted.

Notes

  1. §10.2.14.prrem de iudicio subducit — The subject of the transitive verb "subducit" is the feminine singular noun "usucapio" (usucaption) from the previous clause. The clause means that the completion of the usucaption withdraws the property from the scope of the partition suit (iudicium).
  2. §10.2.14.1deducto usu fructu — An ablative absolute construction consisting of the noun "ususfructus" (the ablative of the fourth-declension noun "usus fructus") and the perfect participle "deducto", meaning "with the usufruct deducted" or "excepting the usufruct".

Cite this passage

Justinian I, The Digest of Justinian §10.2.14.pr-10.2.14.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.2.14.pr-10.2.14.1

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