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Justinian I · The Digest of Justinian §33.2.27.pr

Void Marriage and Recovery of Fruits from Usufruct

Passage 4979 of 9271 · Latin

Summary

It is discussed whether property possessed by a wife under a trust-bequest of usufruct before the marriage was declared void can be recovered from her, and it is answered that the fruits she collected can be recovered.

[SCAEUOLA libro primo responsorum. ] §33.2.27.prUxori maritus per fideicommissum usum fructum et alia et dotem praelegauit: heredes usum fructum ei concesserunt: post biennium illicitum matrimonium fuisse pronuntiatum est: quaesitum est, an id, quod praeterito tempore possedit, ab ea repeti possit.
[SCAEUOLA, Opinions, Book I.] A husband bequeathed to his wife by trust-bequest a usufruct, other things, and a dowry as a pre-legacy. The heirs granted her the usufruct. After two years, the marriage was declared to have been unlawful. It was asked whether what she possessed during the past time could be recovered from her.
respondit id, quod fructus nomine percepisset, repeti posse.
He answered that what she had collected under the name of fruits could be recovered.

Notes

  1. §33.2.27.prillicitum matrimonium fuisse pronuntiatum est — An accusative with infinitive clause serving as the subject of the impersonal passive verb pronuntiatum est ("it was declared"). It indicates that the marriage was retrospectively declared to have been unlawful by a judicial decision.
  2. §33.2.27.prpercepisset — The verb is in the subjunctive mood (pluperfect) because it is in a relative clause within indirect speech (introduced by respondit and governing the accusative with infinitive id... repeti posse). The pluperfect tense expresses an action prior to the past main verb, referring to the fruits she had actually collected before the marriage was declared void.

Cite this passage

Justinian I, The Digest of Justinian §33.2.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.2.27.pr

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