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Justinian I · The Digest of Justinian §7.1.65.pr-7.1.65.1

Duty to Repair Caused Damage and Heir's Exemption

Passage 1236 of 9271 · Latin

Summary

Pomponius states that a usufructuary is not excused from repairing damage caused by his own or his people's acts even if he surrenders the usufruct, and that an heir is not obliged to repair dilapidations caused by age which were left by the testator.

[POMPONIUS libro quinto ex Plautio. ] §7.1.65.prSed cum fructuarius debeat quod suo suorumque facto deterius factum sit reficere, non est absoluendus, licet usum fructum derelinquere paratus sit: debet enim omne, quod diligens pater familias in sua domo facit, et ipse facere.
But since the usufructuary must repair what has been deteriorated by his own act or that of his people, he is not to be acquitted, even though he is ready to surrender the usufruct; for he himself must do everything that a diligent head of a family does in his own house.
§7.1.65.1Non magis heres reficere debet quod uetustate iam deterius factum reliquisset testator, quam si proprietatem alicui testator legasset.
The heir is no more bound to repair what the testator had left already deteriorated by age, than if the testator had bequeathed the property to someone.

Notes

  1. 7.1.65.prsuo suorumque facto — suorum is used substantively to refer to the 'people of his household', including family members, slaves, or employees under the usufructuary's control. The usufructuary is liable to repair damage caused not only by his own actions but also by those of his dependents.
  2. 7.1.65.1Non magis ... quam si — The construction 'Non magis A quam si B' means 'A is no more the case than if B were the case' (i.e., just as there is no obligation in case B, there is none in case A). Here, it explains that the heir is not bound to repair dilapidations, just as they would not be if the testator had bequeathed the bare ownership (proprietas) to someone.

Cite this passage

Justinian I, The Digest of Justinian §7.1.65.pr-7.1.65.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.65.pr-7.1.65.1

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