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Justinian I · The Digest of Justinian §7.4.21.pr

Extinction of Usufruct upon the Destruction of a City

Passage 1279 of 9271 · Latin

Summary

This section explains that when a usufruct is bequeathed to a city and the city is completely destroyed and ceases to exist, as was the case with Carthage, the usufruct is terminated as if by "death."

[MODESTINUS libro tertio differentiarium. ] §7.4.21.prSi usus fructus ciuitati legetur et aratrum in ea inducatur, civitas esse desinit, ut passa est Carthago, ideoque quasi morte desinit habere usum fructum.
[MODESTINUS in the third book of Differences.] If a usufruct is bequeathed to a city, and a plow is driven into it, the city ceases to exist, as Carthage suffered, and therefore, as if by death, it ceases to have the usufruct.

Notes

  1. §7.4.21.praratrum in ea inducatur — The phrase "a plow is driven into it" is a metaphorical expression meaning that the city is thoroughly destroyed and turned into agricultural land. In Roman tradition, running a plow over the ruins of a conquered city was a symbolic ritual signifying its complete obloration and de-urbanization.
  2. §7.4.21.prquasi morte — "As if by death." Since a city (civitas) is a corporate entity and does not experience biological death like a natural person, its complete destruction is analogized to death. Because a usufruct (usus fructus) is inherently a right that terminates upon the death of its holder, the dissolution of the city is treated as equivalent to death.

Cite this passage

Justinian I, The Digest of Justinian §7.4.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.4.21.pr

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