Humanitext Reader

Justinian I · The Digest of Justinian §7.1.5.pr

Usufruct on Undivided Shares and Division of Obligations

Passage 1176 of 9271 · Latin

Summary

The passage discusses how a usufruct can be established, lost, or reduced in shares, how its obligation is divided among heirs upon the debtor's death, and how restitution is made when only one co-owner defends a claim on a common estate.

[PAPINIANUS libro septimo quaestionum. ] §7.1.5.prUsus fructus et ab initio pro parte indiuidua uel diuisa constitui et legitimo tempore similiter amitti eademque ratione per legem Falcidiam minui potest: reo quoque promittendi defuncto in partes hereditarias usus fructus obligatio diuiditur: et si ex communi praedio debeatur, uno ex sociis defendente pro parte defendentis fiet restitutio.
[PAPINIANUS, Questions, book 7] A usufruct can both be established from the beginning for an undivided or a divided share, and likewise be lost by the lapse of lawful time, and by the same reasoning be reduced by the Lex Falcidia. Also, when the promising debtor dies, the obligation of usufruct is divided into the hereditary shares; and if it is due from a common estate, when one of the co-owners defends the action, restitution shall be made in proportion to the share of the defending party.

Notes

  1. 7.1.5.prpro parte indiuidua uel diuisa — “For an undivided or a divided share.” The former refers to an undivided co-ownership share (ideal share), while the latter refers to a physically separated portion of the property. It explains that a usufruct can be established on either basis from the very beginning.
  2. 7.1.5.prreo quoque promittendi defuncto — “When the promising debtor also dies.” Ablative absolute construction consisting of the noun reus and the participle defuncto. The term reus promittendi refers to the debtor who promised the performance in a stipulation. Upon their death, the obligation to establish the usufruct is divided among the heirs according to their hereditary shares.
  3. 7.1.5.pruno ex sociis defendente — “When one of the co-owners defends the action.” Ablative absolute construction with the pronoun uno and the participle defendente. The verb defendere means to defend as a defendant in a lawsuit. In a legal action claiming a usufruct over a common estate, if only one of the co-owners (socius) defends the suit, the obligation of restitution (restitutio) is limited to the share of that defending party.

Cite this passage

Justinian I, The Digest of Justinian §7.1.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.5.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.