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Justinian I · The Digest of Justinian §33.2.4.pr

Unconditional Legacy of Ownership and Usufructuary Heir

Passage 4956 of 9271 · Latin

Summary

This text explains that if ownership is bequeathed unconditionally, it will pass to the legatee even if the usufructuary has been appointed as the heir.

[ULPIANUS libro octauo decimo ad Sabinum. ] §33.2.4.prSi pure proprietas legata erit, ea ad legatarium perueniet, quamuis fructuarius heres sit institutus.
[ULPIANUS, On Sabinus, book XVIII.] If ownership is bequeathed unconditionally, it will go to the legatee, even though the usufructuary has been appointed heir.

Notes

  1. §33.2.4.prpure — An adverb referring to a bequest made without conditions (condicio) or time limits (dies), i.e., "unconditionally". It indicates that the legal effect takes place immediately.
  2. §33.2.4.prfructuarius heres sit institutus — Meaning "the usufructuary has been appointed heir". This refers to a situation where the heir (heres) is appointed (sit institutus) and at the same time granted the usufruct (usufructus), thus being a "usufructuary" (fructuarius). Even in this case, the unconditionally bequeathed "ownership" (here, bare ownership) goes to the legatee.

Cite this passage

Justinian I, The Digest of Justinian §33.2.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.2.4.pr

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