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Justinian I · The Digest of Justinian §45.3.24.pr

Slave's Stipulation for One Co-Usufructuary and His Share

Passage 7532 of 9271 · Latin

Summary

This section explains that when a slave, subject to a usufruct shared by two persons, stipulates something from his own labours for one of them, the acquisition is limited to the proportion of that person's share in the usufruct.

[NERATIUS libro secundo responsorum. ] §45.3.24.prEt si duorum usus fructus sit, quod ex operis suis alteri eorum stipulatus sit, pro ea dumtaxat parte, ex qua usus fructus eius sit, adquiri.
[NERATIUS, from the second book of Responses.] And if a usufruct belongs to two persons, whatever he has stipulated for one of them from his own labours is acquired only in proportion to that share in respect of which the usufruct belongs to him.

Notes

  1. §45.3.24.prduorum — A genitive meaning "of two persons," which here, together with the copula "sit," denotes possession or belonging.
  2. §45.3.24.prstipulatus sit — The subjunctive perfect of the deponent verb "stipulor" (to stipulate, contract). The unexpressed subject refers to the slave who is the object of the usufruct, continuing the context of the active agent discussed in the preceding fragments.
  3. §45.3.24.pradquiri — A present passive infinitive. While the main clause lacks a finite verb, it is used here to state an objective legal consequence ("is acquired"), implying an indirect speech construction dependent on an understood verb of ruling or necessity.

Cite this passage

Justinian I, The Digest of Justinian §45.3.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.3.24.pr

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