[PAULUS libro secundo epitomatorum Alfeni digestorum. ] §7.1.11.prSed si grandes arbores essent, non posse eas caedere.
[PAULUS, Epitomes of Alfenus' Digests, book 2] But if they were large trees, he cannot cut them down.
Justinian I · The Digest of Justinian §7.1.11.pr
Prohibition on Usufructuary Cutting Down Large Trees
Summary
It states the juristic opinion that if the trees are large, the usufructuary is not allowed to cut them down.
Notes
- §7.1.11.prnon posse eas caedere — This clause is structured in indirect speech (oratio obliqua), which is why the main verb is the infinitive posse. The implied subject (in the accusative) of posse is usufructuarius (the usufructuary), continued from the preceding context, while eas (them) refers to grandes arbores and serves as the object of the infinitive caedere.
- §7.1.11.prsi grandes arbores essent — The subjunctive imperfect essent is used here because the clause is a subordinate clause within indirect speech (oratio obliqua), which triggers the subjunctive mood.
Cite this passage
Justinian I, The Digest of Justinian §7.1.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.11.pr
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