Humanitext Reader

Justinian I · The Digest of Justinian §7.1.47.pr

Claim of Usufructuary's Heir for Failure of Repairs

Passage 1218 of 9271 · Latin

Summary

This section establishes that if the heir failed to repair the property and the usufructuary was unable to enjoy it, the heir of the usufructuary can still bring an action for damages (interest) even after the usufruct has been extinguished by the usufructuary's death.

[POMPONIUS libro quinto ex Plautio. ] §7.1.47.prQuod si heres hoc non fecisset et ob id fructuarius frui non potuisset, heres etiam fructuarii eo nomine habebit actionem, quanti fructuarii interfuisset non cessasse heredem, licet usus fructus morte eius interisset.
[POMPONIUS, in the fifth book on Plautius.] But if the heir had not done this, and on that account the usufructuary had not been able to enjoy the property, the heir of the usufructuary as well will have an action on that account for the amount of the usufructuary's interest in the heir not having been negligent, even though the ususfruct had been extinguished by the death of the usufructuary.

Notes

  1. §7.1.47.prheres etiam fructuarii — The subject "heres" refers to "the heir of the usufructuary," with the genitive "fructuarii" modifying "heres." The adverb "etiam" (as well/also) emphasizes that not only the usufructuary himself, but also his heir, has the right to bring an action.
  2. §7.1.47.prquanti fructuarii interfuisset non cessasse heredem — A construction expressing the value of the action. "quanti" is a genitive of value/price. "interfuisset" is the pluperfect subjunctive of the impersonal verb "interest," which takes the genitive "fructuarii" to denote the person concerned (the usufructuary). The accusative-and-infinitive clause "non cessasse heredem" (that the heir had not been negligent) acts as the subject of "interest."

Cite this passage

Justinian I, The Digest of Justinian §7.1.47.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.47.pr

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