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Justinian I · The Digest of Justinian §6.1.64.pr

Restitution of Fruits from Things Intended for Use

Passage 1135 of 9271 · Latin

Summary

It is explained that in an action in rem, even for things intended for use rather than producing fruit, any fruits (or usage benefits) must be restored.

[IDEM libro uicensimo quaestionum. ] §6.1.64.prCum in rem agitur, eorum quoque nomine, quae usui non fructui sunt, restitui fructus certum est.
[THE SAME in the twentieth book of Questions.] When an action in rem is brought, it is certain that fruits must be restored also on account of those things which are for use and not for fruit.

Notes

  1. §6.1.64.prusui non fructui sunt — usui and fructui are datives of purpose (part of a double dative construction) with sunt, indicating the purpose or character of the things ("are for use, not for fruit").
  2. §6.1.64.prrestitui fructus — restitui is a present passive infinitive, forming an accusative with infinitive (AcI) construction with fructus (accusative plural of the fourth declension) as its subject, which serves as the subject of certum est.

Cite this passage

Justinian I, The Digest of Justinian §6.1.64.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.64.pr

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