Humanitext Reader

Justinian I · The Digest of Justinian §7.2.4.pr

Accrual of Usufruct Bequeathed Jointly with the Owner

Passage 1249 of 9271 · Latin

Summary

The passage discusses the distribution of shares in a usufruct when ownership is bequeathed to one person and the usufruct is jointly bequeathed to three persons (including the owner), and how the shares accrue if one of them suffers a loss of status.

[IULIANUS libro trigensimo quinto digestorum. ] §7.2.4.prSi tibi proprietas fundi legata fuerit, mihi autem et Maeiuio et tibi eiusdem fundi usus fructus, habebimus ego et Maeuius trientes in usu fructu, unus triens proprietate miscebitur.
[IULIANUS libro trigensimo quinto digestorum.] If the ownership of a tract of land has been bequeathed to you, and the usufruct of the same land to me, Maevius, and you, Maevius and I will have one-third each in the usufruct, and one-third will merge with the ownership.
siue autem ego siue Maeuius capite minuti fuerimus, triens inter te et alterutrum nostrum diuidetur, ita ut semissem in usu fructu habeat is, qui ex nobis capite minutus non fuerat, ad te proprietas cum parte dimidia usus fructus pertineat:
If, however, either Maevius or I should suffer a loss of status, that third will be divided between you and the other of us, so that the one of us who did not suffer a loss of status will have a half-share in the usufruct, and the ownership will belong to you together with a half-share of the usufruct.

Notes

  1. §7.2.4.prmihi autem et Maeiuio et tibi eiusdem fundi usus fructus — The verb of bequest (here `legatus fuerit`) is omitted, being understood from `legata fuerit` in the opening clause. Since the usufruct is bequeathed to three persons (me, Maevius, and you), it is divided into thirds (trientes) among them.
  2. §7.2.4.prtriens inter te et alterutrum nostrum diuidetur — The subject `triens` refers to the one-third share of the usufruct lost by the person who suffered a loss of status. Under the rule of accrual (ius adcrescendi), this share is divided equally (one-sixth each) between the remaining co-legatees of the usufruct: 'you' (who are also the owner) and 'the other of us' (who did not suffer a status loss).
  3. §7.2.4.prad te proprietas cum parte dimidia usus fructus pertineat — The reading `proprietati` found in some manuscripts is interpreted as an error for the nominative `proprietas` (ownership), which serves as the subject of `pertineat ad te`. Consequently, the ownership belongs to 'you' along with a half-share of the usufruct (the original 1/3 plus the accrued 1/6), while the other half remains with the other surviving co-legatee.

Cite this passage

Justinian I, The Digest of Justinian §7.2.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.2.4.pr

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