[ULPIANUS libro septimo decimo ad Sabinum. ] §7.4.29.prPomponius quaerit, si fundum a me proprietarius conduxerit eumque fundum uendiderit Seio non deducto usu fructu, an usum fructum per emptorem retineam.
[ULPIANUS in the seventeenth book on Sabinus.] Pomponius asks whether, if the owner of the property has leased the land from me and has sold that land to Seius without deducting the usufruct, I retain the usufruct through the purchaser.
et ait, licet proprietarius mihi pensionem soluerit, tamen usum fructum amitti, quia non meo nomine, sed suo fruitus est emptor: teneri plane mihi ex locato proprietarium, quanti mea interfuit id factum non esse.
And he says that, although the owner of the property has paid me the rent, the usufruct is nevertheless lost, because the purchaser did not enjoy the property in my name, but in his own. Obviously, the owner of the property is liable to me under the lease for the amount of my interest in that not having happened.
quamquam si a me conductum usum fructum quis alii locauerit, retinetur usus fructus: sed si proprietarius eum locasset suo nomine, dicendum amitti: non enim meo nomine fruitur colonus.
Although if anyone has sublet to another the usufruct which he leased from me, the usufruct is retained; but if the owner of the property had leased it in his own name, it must be said to be lost, for the tenant does not enjoy it in my name.
§7.4.29.1Sed si emptum a me usum fructum proprietarius uendidisset, amitterem usum fructum, quaerendum est.
But it must be asked whether, if the owner of the property had sold the usufruct bought from me, I would lose the usufruct.
et puto amitti, quoniam et hic non ut a me empto fruitur fundi emptor.
And I think it is lost, because here too the purchaser of the land does not enjoy it as if bought from me.
§7.4.29.2Idem Pomponius quaerit, si legatum mihi usum fructum rogatus sim tibi restituere, an per te frui uidear nec amittatur usus fructus.
The same Pomponius asks whether, if I have been requested to restore to you a usufruct bequeathed to me, I am deemed to enjoy it through you, so that the usufruct is not lost.
et ait dubitare se de hac quaestione: sed est uerius, quod Marcellus notat, nihil hanc rem fideicommissario nocere: suo enim nomine utilem actionem eum habiturum.
And he says that he is in doubt on this question; but it is more correct, as Marcellus notes, that this matter does not prejudice the beneficiary of the trust; for he will have an analogous action in his own name.