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Justinian I · The Digest of Justinian §22.1.42.pr

Fruits Gathered from Land Acquired by Trust

Passage 3202 of 9271 · Latin

Summary

Modestinus replies that fruits gathered from land after ownership is acquired through a trust belong to the beneficiary, even if most of the year had elapsed before the vesting day of the trust.

[IDEM libro undecimo responsorum. ] §22.1.42.prHerennius Modestinus respondit fructus, qui post adquisitum ex causa fideicommissi dominium ex terra percipiuntur, ad fideicommissarium pertinere, licet maior pars anni ante diem fideicommissi cedentem praeterisse dicatur.
[THE SAME, in the eleventh book of Responses.] Herennius Modestinus replied that the fruits which are gathered from the land after ownership has been acquired by title of trust belong to the beneficiary of the trust, even though the greater part of the year is said to have passed before the vesting day of the trust.

Notes

  1. §22.1.42.prpost adquisitum ... dominium — The preposition post governs the accusative noun dominium combined with the perfect passive participle adquisitum (the "ab urbe condita" construction), meaning "after ownership has been acquired" as an event, rather than "after the acquired ownership."
  2. §22.1.42.prdiem ... cedentem — Referring to "dies cedens" (the vesting day), a technical term in Roman inheritance law representing the moment when the right to a legacy or trust becomes vested in the beneficiary (ordinarily at the time of the testator's death).

Cite this passage

Justinian I, The Digest of Justinian §22.1.42.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.1.42.pr

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