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Justinian I · The Digest of Justinian §39.1.2.pr

Invalidity of Denunciation by Usufructuary to Owner

Passage 6099 of 9271 · Latin

Summary

It is argued that a denunciation of a new work made by a usufructuary to the owner of the land is invalid, and if the owner's building impairs the usufruct, the usufructuary must bring an action to claim the usufruct rather than making a denunciation.

[IULIANUS libro quadragensimo nono digestorum. ] §39.1.2.prSi autem domino praedii nuntiauerit, inutilis erit nuntiatio: neque enim sicut aduersus uicinum, ita aduersus dominum agere potest ius ei non esse inuito se altius aedificare: sed si hoc facto usus fructus deterior fiet, petere usum fructum debebit.
[JULIANUS in the forty-ninth book of the Digests.] But if he should make the denunciation to the owner of the land, the denunciation will be useless: for he cannot bring an action against the owner, as he can against a neighbor, claiming that the owner does not have the right to build higher against his will; but if by this act the usufruct should become worse, he will have to claim the usufruct.

Notes

  1. 39.1.2.prinuito se — Ablative absolute. The reflexive pronoun `se` refers to the implied subject of the main clause (the usufructuary), expressing the circumstance where the usufructuary does not consent to the owner building higher.
  2. 39.1.2.pragere ... ius ei non esse — An infinitive clause expressing the substance of the claim under `agere` (to bring an action), referring here to bringing a negative action (actio negatoria) to deny that the defendant (neighbor or owner) has the right to build higher.

Cite this passage

Justinian I, The Digest of Justinian §39.1.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.1.2.pr

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