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Justinian I · The Digest of Justinian §7.1.67.pr

Sale of Usufruct to a Third Party against Heir's Will

Passage 1238 of 9271 · Latin

Summary

This section states that a person to whom a usufruct has been bequeathed can sell it to a third party even against the will of the heir.

[IULIANUS libro primo ex Minicio. ] §7.1.67.prCui usus fructus legatus est, etiam inuito herede eum extraneo uendere potest.
[IULIANUS libro primo ex Minicio.] The person to whom a usufruct has been bequeathed can, even against the will of the heir, sell it to a stranger.

Notes

  1. §7.1.67.prCui — The demonstrative pronoun `is`, which serves as the antecedent of the relative pronoun `Cui` (dative) and the subject of the main clause (`uendere potest`), is omitted. The relative clause means "the person to whom the usufruct has been bequeathed."
  2. §7.1.67.prinuito herede — An ablative absolute consisting of the noun `herede` and the adjective `inuito` (unwilling). In the absence of a present participle for the verb "to be", it expresses a concessive circumstance: "even though the heir is unwilling" or "against the will of the heir."
  3. §7.1.67.preum — The direct object (accusative) of `uendere`, referring back to `usus fructus` (a fourth-declension masculine singular noun).

Cite this passage

Justinian I, The Digest of Justinian §7.1.67.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.67.pr

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