Humanitext Reader

Justinian I · The Digest of Justinian §7.1.53.pr

Survival of Usufruct of the Site if Any Part Stands

Passage 1224 of 9271 · Latin

Summary

Explains that if the usufruct of an apartment building is bequeathed, as long as any part of the building remains, the usufructuary retains the usufruct of the entire ground.

[IAUOLENUS libro secundo epistularum. ] §7.1.53.prSi cui insulae usus fructus legatus est, quamdiu quaelibet portio eius insulae remanet, totius soli usum fructum retinet.
[JAVOLENUS, in the second book of Epistles.] If the usufruct of an apartment building is bequeathed to anyone, as long as any part whatever of that building remains, he retains the usufruct of the entire ground.

Notes

  1. §7.1.53.prcui — Dative of the indefinite pronoun aliquis, which loses its prefix ali- after si, referring to the legatee.
  2. §7.1.53.prquaelibet portio — Nominative feminine singular of the indefinite pronoun quilibet ('any whatever'), emphasizing that the usufruct persists as long as even the smallest portion of the building remains.
  3. §7.1.53.prsoli — Genitive singular of the neuter noun solum ('soil', 'ground', 'site'). It indicates that even if the building is destroyed, the usufruct over the underlying land remains intact.

Cite this passage

Justinian I, The Digest of Justinian §7.1.53.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.53.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.