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Justinian I · The Digest of Justinian §41.1.47.pr

Usufructuary Cannot Acquire Inheritance via Slaves

Passage 6677 of 9271 · Latin

Summary

Explains that a usufructuary cannot acquire an inheritance through a slave, as an inheritance is not included in the services of a slave.

[PAULUS libro quinquagensimo ad edictum. ] §41.1.47.prFructuario hereditas adquiri non potest, quod in operis serui hereditas non est.
[PAULUS, from the Commentary on the Edict, book 50] An inheritance cannot be acquired for a usufructuary, because an inheritance is not included in the services of a slave.

Notes

  1. §41.1.47.prFructuario — Dative of advantage ('for a usufructuary'), indicating the party for whom the acquisition is made via the passive infinitive adquiri. In this legal context, it refers to the acquisition made through a slave in whom one has a usufruct.
  2. §41.1.47.prin operis serui — The preposition in with the ablative plural operis (from opera, service/labor) means 'in the services of a slave'. This is based on the legal rule that a usufructuary can only acquire through a slave what comes from the slave's own labor (operae) or from the usufructuary's own property.

Cite this passage

Justinian I, The Digest of Justinian §41.1.47.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.47.pr

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