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Justinian I · The Digest of Justinian §36.2.2.pr

Vesting of Legacies of Usufruct and Inheritance Acceptance

Passage 5643 of 9271 · Latin

Summary

Ulpianus explains that if a usufruct, use, or right of habitation is bequeathed unconditionally or with a starting day, the right does not vest before the inheritance is accepted, and the right of claim does not transfer to the heir of the legatee.

[ULPIANUS libro quinto decimo ad Sabinum. ] §36.2.2.prSi pure sit usus fructus legatus uel usus uel habitatio, neque eorum dies ante aditam hereditatem cedit neque petitio ad heredem transit.
[ULPIANUS in the fifteenth book on Sabinus] If a usufruct, a use, or a right of habitation is bequeathed unconditionally, the right to them does not vest before the inheritance is accepted, nor does the right of claim transfer to the heir.
idem et si ex die sit usus fructus relictus:
The same applies if the usufruct is left with a starting day:

Notes

  1. 36.2.2.prante aditam hereditatem — The preposition `ante` governs the noun `hereditatem` modified by the perfect passive participle `aditam` in a dominant construction (akin to "ab urbe condita"). While literally "before the accepted inheritance," it functionally means "before the inheritance is accepted." This refers to the acceptance of the inheritance (aditio hereditatis) by the appointed heir.
  2. 36.2.2.prad heredem — The word `heredem` here refers to the heir of the legatee (legatarius), not the heir of the testator who is charged with the legacy. Ordinarily, with unconditional legacies, the right vests (dies cedit) upon the testator's death, allowing the claim to transfer to the legatee's heirs if they die later. However, for highly personal rights such as usufruct, if the legatee dies before the inheritance is accepted, the claim does not pass to their heir.
  3. 36.2.2.prex die — Meaning "from a certain day (starting)." Distinct from an uncertain condition (condicio), it refers to a future time limit (dies) that is certain to arrive.

Cite this passage

Justinian I, The Digest of Justinian §36.2.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.2.2.pr

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