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Justinian I · The Digest of Justinian §7.1.31.pr

Acquisitions by a Slave from the Usufructuary's Property

Passage 1202 of 9271 · Latin

Summary

Defines the scope of acquisition "from the property of the usufructuary," stating that it includes gifts from the usufructuary and profits derived from the administration of his affairs.

[IDEM libro decimo ad Sabinum. ] §7.1.31.prEx re fructuarii etiam id intellegitur, quod ei fructuarius donauerit concesseritue uel ex administratione rerum eius compendii seruus fecerit.
[THE SAME in the tenth book on Sabinus.] By "from the property of the usufructuary" is also understood that which the usufructuary has given or conceded to the slave, or which the slave has acquired as a gain from the administration of the usufructuary's affairs.

Notes

  1. §7.1.31.prEx re fructuarii — The prepositional phrase Ex re (from the property of / arising from the affair of) indicates the legal source of acquisition by a slave. In the context of usufruct, what a slave acquires for the usufructuary is limited to either "from the property of the usufructuary" (ex re fructuarii) or "from his own labor" (ex operis suis); this text specifies the scope of the former.
  2. §7.1.31.prcompendii — Forms with fecerit an idiomatic expression compendii facere (to turn into gain, to acquire as a profit). compendii can be interpreted either as a genitive of quality with fecerit, or as a partitive genitive qualifying the antecedent id (mediated by the relative quod, i.e., "that of gain"). In either case, it refers to the profit acquired by the slave through administration.

Cite this passage

Justinian I, The Digest of Justinian §7.1.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.31.pr

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