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Justinian I · The Digest of Justinian §7.1.4.pr

Usufruct as Part of Ownership and Conditional Establishment

Passage 1175 of 9271 · Latin

Summary

It explains that usufruct is in many cases a part of ownership and that it can be established either immediately or with a starting date.

[PAULUS libro secundo ad edictum. ] §7.1.4.prUsus fructus in multis casibus pars dominii est, et exstat, quod uel praesens uel ex die dari potest.
[PAULUS, on the Edict, book 2] Usufruct is in many cases a part of ownership, and it is manifest that it can be given either immediately or from a certain day.

Notes

  1. 7.1.4.prexstat, quod — The conjunction quod introduces a noun clause expressing a fact, which functions as the subject of the verb exstat ("it is manifest" or "it stands out").
  2. 7.1.4.pruel praesens uel ex die — The neuter singular adjective praesens (immediate, present) and the prepositional phrase ex die (from a certain day, with a suspensive term) are contrasted by uel... uel..., indicating that a usufruct can be granted (dari) under either condition.

Cite this passage

Justinian I, The Digest of Justinian §7.1.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.4.pr

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