[POMPONIUS libro quinto ad Sabinum. ] §7.4.6.pr(sed et interdictum quod ui aut clam usufructuario competit)
[POMPONIUS from the fifth book on Sabinus.] (but the interdict *quod vi aut clam* is also available to the usufructuary)
Justinian I · The Digest of Justinian §7.4.6.pr
Building on the Site and the Interdict Quod Vi Aut Clam
Summary
It points out that the usufructuary can also seek remedy through the interdict *quod vi aut clam* against the owner's act of building on the site and thereby infringing the usufruct.
Notes
- §7.4.6.printerdictum quod ui aut clam — The interdict *quod vi aut clam* ('what is done by force or stealth'). It refers to a possessory or property-related legal remedy (an interdict) to demand restoration to the original state against someone who, by force (*vi*) or stealth (*clam*), made alterations (such as erecting a building) on another's land. Pomponius's remark is inserted as an additional remedy to the preceding text of Ulpian, where the owner extinguished the usufruct of the site by building on it.
- §7.4.6.prcompetit — Third-person singular present active indicative of the verb *competo* (to belong to, to be available). Combined with the dative *usufructuario*, it means '(a legal remedy) is available to the usufructuary'. The subject is *interdictum*.
Cite this passage
Justinian I, The Digest of Justinian §7.4.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.4.6.pr
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