Humanitext Reader

Justinian I · The Digest of Justinian §22.1.45.pr

Acquisition of Fruits from Gifts Between Spouses

Passage 3205 of 9271 · Latin

Summary

On the acquisition of fruits from a donated thing between spouses, it is explained that only fruits acquired through one's own labor (such as sowing) become their property, whereas those not arising from their own act (such as merely plucking fruit or cutting wood) do not, just as in the case of any bona fide possessor.

[POMPONIUS libro uicesimo secundo ad Quintum Mucium. ] §22.1.45.prFructus percipiendo uxor uel uir ex re donata suos facit, illos tamen, quos suis operis adquisierit, ueluti serendo: nam si pomum decerpserit uel ex silua caedit, non fit eius, sicuti nec cuiuslibet bonae fidei possessoris, quia non ex facto eius is fructus nascitur.
[POMPONIUS, in the twenty-second book on Quintus Mucius.] A wife or a husband makes fruits their own by gathering them from a donated thing, yet only those which they have acquired by their own labor, as for instance by sowing; for if they merely pluck fruit or cut wood from a forest, it does not become theirs, just as it does not become the property of any bona fide possessor, because that fruit does not arise from their own act.

Notes

  1. §22.1.45.prillos tamen, quos suis operis adquisierit — The pronoun 'illos' refers back to 'fructus' (accusative plural) at the beginning of the sentence, and along with 'tamen', it limits and qualifies the scope of the fruits that can be made one's own. 'quos' is a relative pronoun introducing the relative clause with 'suis operis' (by their own labor, ablative), modifying 'illos'.
  2. §22.1.45.prnon fit eius, sicuti nec cuiuslibet bonae fidei possessoris — Both 'eius' and 'possessoris' are possessive genitives (predicative genitives) serving as complements to the copulative verb 'fit' (from 'fio', meaning 'to become someone's property'). 'sicuti nec' (just as... not) responds to the negation 'non' in the main clause, establishing a parallel double negative structure: 'it does not become theirs, just as it does not become the property of any bona fide possessor'.

Cite this passage

Justinian I, The Digest of Justinian §22.1.45.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.1.45.pr

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