Humanitext Reader

Justinian I · The Digest of Justinian §34.4.2.pr-34.4.2.2

Partial Revocation of Land Legacy by Reserving Usufruct

Passage 5234 of 9271 · Latin

Summary

Pomponius explains the method and legal effects of partially revoking a legacy of land by withholding specific rights, such as usufruct or enjoyment, or a specific part of the land.

[POMPONIUS libro quinto ad Sabinum. ] §34.4.2.prFundo legato adimi ita potest: 'fundum illi praeter usum fructum neque do neque lego', ut usus fructus in legato relinquatur.
[POMPONIUS in the fifth book on Sabinus.] Taking away [a right] from a bequeathed tract of land is possible in this way: "I neither give nor bequeath that tract of land to him, except for the usufruct," so that the usufruct is left in the legacy.
§34.4.2.1Sed et fructus adimi potest, ut proprietas relinquatur.
But also the fruit can be taken away, so that the ownership is left.
§34.4.2.2Item pars fundi legati adimi potest.
Likewise, a part of a bequeathed tract of land can be taken away.

Notes

  1. §34.4.2.prfundo legato — Dative of separation. Used with the passive infinitive `adimi` (to be taken away) to mean "from a bequeathed tract of land." The grammatical subject of `adimi` is not explicitly stated but refers contextually to "certain rights" or "a part" being revoked.
  2. §34.4.2.prita ... ut — A correlative construction of the adverb `ita` and the `ut` clause with the subjunctive `relinquatur`. It indicates the manner in which the revocation is performed and its resulting legal effect ("in such a way... so that...").
  3. §34.4.2.1fructus — Nominative singular noun, serving as the subject of `adimi potest`. Here it refers to the "fruit" or the right to enjoy the fruits of the land, the revocation of which leaves the legatee with mere "naked ownership" (nuda proprietas).

Cite this passage

Justinian I, The Digest of Justinian §34.4.2.pr-34.4.2.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.4.2.pr-34.4.2.2

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