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Justinian I · The Digest of Justinian §33.2.30.pr-33.2.30.1

Security for Dowry and Usufruct Bequeathed to a Tenant

Passage 4982 of 9271 · Latin

Summary

Discusses the effects when some co-heirs provide security to a woman bequeathed a usufruct until her dowry is secured, and the legal remedy for a tenant who has been bequeathed the usufruct of the land he cultivates.

[IAUOLENUS libro secundo ex posterioribus Labeonis. ] §33.2.30.prCui usus fructus legatus esset, donec ei totius dotis satisfieret, cum ei heres pro sua parte satis dedisset, quamuis reliqui satis non darent, tamen pro ea parte usum fructum desinere habere mulierem ait Labeo: idem fieri et si per mulierem mora fieret, quo minus satis acciperet.
[JAVOLENUS, From the Posthumous Works of Labeo, Book II.] In the case of a woman to whom a usufruct had been bequeathed until security should be given to her for the whole of her dowry, Labeo says that if one heir has given security in proportion to his own share, although the remaining heirs do not give security, the woman nevertheless ceases to have the usufruct in proportion to that share; and he says that the same happens if the delay is due to the woman, preventing her from receiving the security.
§33.2.30.1Colono suo dominus usum fructum fundi, quem is colebat, legauerat: agata colonus cum herede ita, ut iudex cogat heredem ex locationis actione eum liberare.
A landlord had bequeathed to his tenant the usufruct of the land which the latter was cultivating; the tenant should bring an action against the heir in such a way that the judge may compel the heir, on the basis of the action on the lease, to release him.

Notes

  1. §33.2.30.prCui usus fructus legatus esset — The relative pronoun 'cui' refers back to 'mulierem', which is the subject of the subsequent accusative with infinitive clause, forming a conditional relative clause at the beginning.
  2. §33.2.30.prquo minus satis acciperet — 'quo minus' functions here as a conjunction introducing a clause of prevention or hindrance following the term for delay ('mora'), meaning 'so that... not' or 'preventing her from...'.
  3. §33.2.30.1agata colonus — The manuscript reading 'agata' is grammatically untenable and is commonly emended to 'agat' (present subjunctive third-person singular, expressing obligation or hortatory force).
  4. §33.2.30.1ex locationis actione eum liberare — The pronoun 'eum', direct object of 'liberare' (to release), refers to the tenant ('colonus'). It means that upon acquiring the usufruct, he is to be released from obligations under the lease, such as rent payments.

Cite this passage

Justinian I, The Digest of Justinian §33.2.30.pr-33.2.30.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.2.30.pr-33.2.30.1

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