Humanitext Reader

Justinian I · The Digest of Justinian §39.2.10.pr

Security for Threatened Damage on Property Subject to Usufruct

Passage 6131 of 9271 · Latin

Summary

Discusses the security for damage not yet done when a usufruct is established on a property, outlining the duties of the owner and the usufructuary, the transfer of possession to the neighbor if security is not provided, and the recourse between them.

[PAULUS libro quadragensimo octauo ad edictum. ] §39.2.10.prQuamuis alienus usus fructus sit, dominum promittere oportere Cassius ait.
[PAUL on the edict, book 48.]\n\nCassius says that even if the usufruct belongs to another, the owner must promise.
nisi proprietarius in totum repromittat uel fructuarius satisdat, mitti oportet in possessionem eum, cui non caueatur.
Unless the owner promises for the whole or the usufructuary gives security with sureties, he to whom security is not provided must be put in possession.
sed nisi proprietario repromittenti fructuarius caueat, denegandam ei fructus petitionem Iulianus scribit.
But Julianus writes that unless the usufructuary provides security to the owner who promises, the claim for the usufruct must be denied to him.
sed si fructuarius de soli uitio quid praestiterit, ius domini ad eum transferri oportet.
But if the usufructuary has paid anything on account of a defect in the ground, the right of the owner ought to be transferred to him.

Notes

  1. §39.2.10.prin totum — A prepositional phrase functioning adverbially, meaning 'for the whole' or 'entirely'. In this context, it refers to providing security for defects in both the ground and the building, or for the entirety of the potential damage.
  2. §39.2.10.prproprietario repromittenti — A dative noun phrase with a present participle, serving as the indirect object of the verb caueat (which governs the dative). It indicates a relationship of recourse, where the usufructuary provides security (cautio) to the owner who has already made a promise (repromissio) to the neighbor.
  3. §39.2.10.prfructus petitionem — fructus is the genitive of the fourth-declension noun usus fructus. Combined with petitionem (claim, action), the phrase denotes the legal action to claim the usufruct or the enjoyment of the property.

Cite this passage

Justinian I, The Digest of Justinian §39.2.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.2.10.pr

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