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Justinian I · The Digest of Justinian §7.4.7.pr

Cession of Usufruct of the Site after Demolition

Passage 1265 of 9271 · Latin

Summary

It discusses the exception where the owner cedes the usufruct of the site after the building has been demolished, provided that the period within which the usufruct is lost has not yet elapsed.

[IULIANUS libro trigensimo quinto digestorum. ] §7.4.7.prnisi sublato aedificio usum fructum areae mihi cesserit, tempore scilicet quo usus fructus perit transacto.
[JULIANUS from the thirty-fifth book of the Digest.]...unless, after the building has been demolished, he has ceded to me the usufruct of the site; of course, once the period in which the usufruct is lost has elapsed.

Notes

  1. §7.4.7.prnisi ... cesserit — The fragment consists only of a subordinate clause starting with the conjunction "nisi", establishing an exception to the preceding discussion on the extinction of usufruct when a building is destroyed. The unexpressed subject is the owner of the property.
  2. §7.4.7.prsublato aedificio — An ablative absolute construction formed by "sublato", the perfect passive participle of "tollere" (to demolish, remove), and the noun "aedificio". It refers to the state after the building has been destroyed as a prerequisite for the re-cession of the usufruct.
  3. §7.4.7.prtempore ... transacto — An ablative absolute where the relative clause "quo usus fructus perit" (within which the usufruct is lost) modifies the antecedent "tempore". It acts as a restrictive clause, indicating that the remedy of cession is unavailable if the statutory period for the loss of usufruct (e.g., through non-use) has already elapsed.

Cite this passage

Justinian I, The Digest of Justinian §7.4.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.4.7.pr

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