Justinian I · The Digest of Justinian §36.2.3.pr

Non-Transfer of Usufruct and Futility of Early Vesting

Passage 5644 of 9271 · Latin

Summary

Ulpianus explains the pointlessness of asserting that the day of a usufruct vests beforehand, since the right does not transfer to the heir.

[IDEM libro quinto disputationum. ] §36.2.3.prnam cum ad heredem non transferatur, frustra est, si ante quis diem eius cedere dixerit.

[THE SAME in the fifth book of Disputations] For since it is not transferred to the heir, it is to no purpose if anyone should say that its day vests before that.

Notes

36.2.3.prdiem eius cedere — An accusative with infinitive (AcI) construction serving as the object of the verb dixerit. The phrase dies cedere is a Roman legal technical term meaning that the 'day vests' (i.e., the right is provisionally secured so that it can be transmitted to heirs). The pronoun eius is a genitive referring back to the bequeathed right, such as the usufruct, mentioned in the previous section.
36.2.3.prante — Used adverbially, meaning 'before that' (i.e., before the inheritance is accepted and the right is actually acquired) or 'beforehand' (i.e., before the legatee's death when the right would otherwise expire).

Cite this passage

Justinian I, The Digest of Justinian §36.2.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.2.3.pr

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