Humanitext Reader

Justinian I · The Digest of Justinian §33.2.43.pr

Usufruct of a Portion of Estate vs of Specific Things

Passage 4995 of 9271 · Latin

Summary

Discusses the difference between bequeathing a usufruct of a third part of one's goods and that of specific things, explaining that in the former case debts are deducted and rights of action are computed, whereas in the latter case this does not apply.

[UENULEIUS libro decimo actionum. ] §33.2.43.prNihil interest, utrum bonorum quis an rerum tertiae partis usum fructum legauerit: nam si bonorum usus fructus legabitur, etiam aes alienum ex bonis deducetur, et quod in actionibus erit, computabitur.
[VENULEIUS in the tenth book on Actions.] It makes no difference whether someone has bequeathed the usufruct of a third part of goods or of things; for if the usufruct of goods is bequeathed, even the debts will be deducted from the goods, and what consists in rights of action will be computed.
at si certarum rerum usus fructus legatus erit, non idem obseruabitur.
But if the usufruct of specific things is bequeathed, the same will not be observed.

Notes

  1. §33.2.43.prNihil interest — Literally meaning 'it makes no difference,' but this creates a logical contradiction with the immediately following sentences which contrast the legal effects (debts are deducted for goods, but not for specific things). Thus, it is generally considered a textual error for Multum interest ('it makes a great difference') or Non nihil interest ('it makes some difference').
  2. §33.2.43.prbonorum — In Roman law, bona (goods/patrimony) refers to the aggregate of an estate, which conceptually entails the deduction of liabilities (debts) from assets. Hence, a usufruct of bona involves deducting debts (aes alienum) and including rights of action (actiones). In contrast, res (things) denotes individual specific items, to which such deductions and inclusions do not apply.
  3. §33.2.43.prquod in actionibus erit — Literally 'what consists in actions,' referring to the rights of action (claims/receivables) held by the deceased. In a usufruct of patrimony (bona), the benefits arising from these claims are computed (computabitur) as part of the fruit.

Cite this passage

Justinian I, The Digest of Justinian §33.2.43.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.2.43.pr

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