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Justinian I · The Digest of Justinian §43.16.9.pr-43.16.9.1

Liability of Multiple Heirs and Restoration of Usufruct

Passage 7085 of 9271 · Latin

Summary

This text explains that if there are multiple heirs of a wrongdoer, each is liable only to the extent of the gain received, and that a person ejected from a usufruct must be restored to their original position, even requiring the owner to re-establish the usufruct if it expired after the ejection.

[IDEM libro sexagensimo quinto ad edictum. ] §43.16.9.prSi plures heredes sunt, unusquisque non in amplius, quam ad eum peruenerit, tenetur.
[THE SAME, in the sixty-fifth book on the Edict.] If there are several heirs, each of them is liable for no more than what has come to him.
qua de causa interdum in solidum tenebitur is ad quem totum peruenerit, quamuis ex parte heres sit.
For this reason, sometimes he to whom the whole has come will be liable for the whole, even though he is an heir only in part.
§43.16.9.1Deiectum ab usu fructu in eandem causam praetor restitui iubet, id est in qua futurus esset, si deiectus non esset.
The praetor orders a person ejected from a usufruct to be restored to the same legal position, that is, in which he would have been if he had not been ejected.
itaque si tempore usus fructus finitus fuerit, postquam deiectus est a domino, nihilo minus cogendus erit restituere, id est usum fructum iterum constituere.
Therefore, if the usufruct has expired by lapse of time after he was ejected by the owner, the owner will nevertheless be compelled to restore it, that is, to establish the usufruct again.

Notes

  1. §43.16.9.prad eum peruenerit — The subject of peruenerit is implicitly the gain or inheritance derived from the deceased's unlawful act. eum is a pronoun referring to each individual heir (unusquisque).
  2. §43.16.9.1Deiectum ab usu fructu — Deiectum is a perfect participle in the accusative, serving as the subject accusative of the passive infinitive restitui (accusative with infinitive construction). The phrase means that the praetor orders the person ejected from the usufruct to be restored.
  3. §43.16.9.1nihilo minus cogendus erit — The subject of cogendus erit (a passive periphrastic construction expressing obligation) is not explicitly stated, but following a domino (by the owner), the 'owner' (dominus) who committed the ejection is understood as the subject.

Cite this passage

Justinian I, The Digest of Justinian §43.16.9.pr-43.16.9.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.16.9.pr-43.16.9.1

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