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Justinian I · The Digest of Justinian §43.24.12.pr

Interdict on Fruits for Tenants and Owners

Passage 7139 of 9271 · Latin

Summary

Venuleius explains that even though the tenant and usufructuary are allowed the interdict on account of the fruits, it is also available to the owner if the owner has any other interest.

[UENULEIUS libro secundo interdictorum. ] §43.24.12.prQuamquam autem colonus et fructuarius fructuum nomine hoc interdictum admittantur, tamen et domino id competet, si quid praeterea eius intersit.
\nBut although the tenant and the usufructuary are admitted to this interdict in the name of the fruits, nevertheless it will also be available to the owner, if he has any further interest besides.

Notes

  1. §43.24.12.prfructuum nomine — The ablative nomine with the genitive fructuum means "in the name of the fruits" or "on account of the fruits." It refers to the tenant and usufructuary suing under the interdict because of the infringement upon the fruits which they are entitled to gather.
  2. §43.24.12.preius intersit — The impersonal verb interest (here in the present subjunctive intersit) takes the genitive of the person who has an interest. Here, eius is the genitive referring back to domino (the owner), meaning "if the owner himself has any interest" (other than the loss of fruits).

Cite this passage

Justinian I, The Digest of Justinian §43.24.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.24.12.pr

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