Humanitext Reader

Justinian I · The Digest of Justinian §2.9.3.pr

Denial of Usufruct for Failing to Defend a Slave in Noxal Action

Passage 321 of 9271 · Latin

Summary

This section provisions that if a noxal action is brought against a usufructuary and they fail to defend the slave, the praetor denies them the pursuit of their usufruct.

[ULPIANUS libro septimo ad edictum. ] §2.9.3.prSi cum usufructuario noxali iudicio agetur isque seruum non defenderit, denegatur ei per praetorem usus fructus persecutio.
[ULPIAN, in the seventh book on the Edict.] If a noxal action is brought against a usufructuary and he does not defend the slave, the pursuit of the usufruct is denied to him by the praetor.

Notes

  1. §2.9.3.prusus fructus persecutio — Meaning 'the pursuit of the usufruct', referring to the enforcement of the action by which the usufructuary asserts their right. If the usufructuary refuses to defend the slave in a noxal action, the praetor denies them this remedy as a sanction.

Cite this passage

Justinian I, The Digest of Justinian §2.9.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.9.3.pr

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