Humanitext Reader

Justinian I · The Digest of Justinian §7.4.30.pr

Death of Livestock and Rights to the Flesh and Hide

Passage 1288 of 9271 · Latin

Summary

Explains that the flesh and hide of a dead beast are not included in the fruits of the usufructuary, because the usufruct itself is extinguished upon the death of the beast.

[GAIUS libro septimo ad edictum prouinciale. ] §7.4.30.prCaro et corium mortui pecoris in fructu non est, quia mortuo eo usus fructus extinguitur.
[GAIUS in the seventh book on the provincial edict.] The flesh and hide of a dead beast are not included in the fruits, because upon its death the usufruct is extinguished.

Notes

  1. 7.4.30.prmortuo eo — Ablative absolute construction ("upon its death"). It consists of the pronoun eo, referring to the neuter noun pecus (beast), and mortuo, the perfect participle of mori. It provides the rationale that, since the usufruct itself is extinguished at the moment of the beast's death, the flesh and hide remaining after its death cannot belong to the usufructuary as "fruits."
  2. 7.4.30.prin fructu non est — Although the subject consists of two elements, caro et corium (flesh and hide), the verb est is singular. This is either because it agrees with the nearest subject corium (neuter singular) by attraction, or because they are conceptualized together as a single entity (the remains of the dead beast).

Cite this passage

Justinian I, The Digest of Justinian §7.4.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.4.30.pr

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