Humanitext Reader

Justinian I · The Digest of Justinian §7.5.11.pr

Consumables like Wool and Security by the Senate-Consult

Passage 1300 of 9271 · Latin

Summary

Explains that if the usufruct of consumable goods like wool or perfumes is bequeathed, no legal usufruct is established in the strict sense, and therefore recourse must be had to the senate-consult regulating security for such things.

[IDEM libro octauo decimo ad Sabinum. ] §7.5.11.prSi lanae alicui legatus sit usus fructus uel odorum uel aromatum, nullus uidetur usus fructus in istis iure constitutus, sed ad senatus consultum erit descendendum, quod de cautione eorum loquitur.
[THE SAME in the eighteenth book on Sabinus.] If the usufruct of wool or of perfumes or of spices has been bequeathed to someone, no usufruct is deemed to have been legally established in these things, but recourse must be had to the senate-consult which speaks of security for them.

Notes

  1. §7.5.11.prnullus uidetur usus fructus in istis iure constitutus — This is a personal construction of the verb uideor ("to seem" or "to be deemed") with a nominative and infinitive, where the copula esse is omitted after the perfect participle constitutus. The phrase means "no usufruct is deemed to have been legally established in these things (istis)." Here, istis (ablative) refers to the previously mentioned wool, perfumes, or spices.
  2. §7.5.11.prerit descendendum — This is an impersonal passive periphrastic conjugation using the gerundive (future passive participle) of the intransitive verb descendo, expressing obligation or necessity in the future tense. The idiom descendere ad followed by the accusative means "to have recourse to" or "to resort to" a legal remedy or authority.

Cite this passage

Justinian I, The Digest of Justinian §7.5.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.5.11.pr

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