Humanitext Reader

Justinian I · The Digest of Justinian §7.1.73.pr

Right of Usufructuary to Build a Hut on Vacant Land

Passage 1244 of 9271 · Latin

Summary

It states that the holder of the usufruct of a vacant plot of land has the right to build a cottage there for the purpose of guarding the property located on the plot.

[POMPONIUS libro quinto ad Sabinum. ] §7.1.73.prSi areae usus fructus legatus sit mihi, posse me casam ibi aedificare custodiae causa earum rerum, quae in area sint.
[POMPONIUS libro quinto ad Sabinum.] If the usufruct of a vacant plot of land has been bequeathed to me, I can build a cottage there for the purpose of safeguarding those things which are on the plot.

Notes

  1. §7.1.73.prposse me ... aedificare — Accusative with infinitive construction. In the context of stating a jurist's opinion (responsum), it is presented in indirect speech ("that I can build"), with the main verb of saying or deciding (such as *respondit* or *scribit*) being omitted or understood.
  2. §7.1.73.prcustodiae causa — Expression of purpose or cause, with the genitive `custodiae` (safekeeping, guarding) modifying the postposition `causa` (for the sake of, for the purpose of). Furthermore, `custodiae` itself takes `earum rerum` as an objective genitive, forming the meaning "for the purpose of safeguarding those things."

Cite this passage

Justinian I, The Digest of Justinian §7.1.73.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.73.pr

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