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Justinian I · The Digest of Justinian §7.5.6.pr-7.5.6.1

Division and Security in Concurrent Legacies of Property and Usufruct

Passage 1295 of 9271 · Latin

Summary

Discusses how rights are apportioned and to whom and what kind of security must be provided when the ownership of money or land and its usufruct are bequeathed to different persons.

[IULIANUS libro trigensimo quinto digestorum. ] §7.5.6.prSi tibi decem milia legata fuerint, mihi eorundem decem milium usus fructus, fient quidem tua tota decem milia: sed mihi quinque numerari debebunt ita, ut tibi caueam tempore mortis meae aut capitis deminutionis restitutum iri.
[JULIANUS in the thirty-fifth book of his Digests.] If ten thousand were bequeathed to you, and the usufruct of the same ten thousand to me, the entire ten thousand indeed will become yours; but five thousand must be paid to me under the condition that I provide security to you that they will be restored at the time of my death or my change of status.
nam et si fundus tibi legatus fuisset et mihi eiusdem fundi usus fructus, haberes tu quidem totius fundi proprietatem, sed partem cum usu fructu, partem sine usu fructu, et non heredi, sed tibi cauerem boni uiri arbitratu.
For even if a tract of land had been bequeathed to you and the usufruct of the same tract to me, you indeed would have the ownership of the entire tract, but part with the usufruct, part without the usufruct, and I would provide security not to the heir, but to you, according to the judgment of an honorable man.
§7.5.6.1Sed si duobus eorundem decem milium usus fructus legatus fuerit, quina milia accipient et inuicem et heredi satisdabunt.
But if the usufruct of the same ten thousand were bequeathed to two persons, they will receive five thousand each, and will give security both to each other and to the heir.

Notes

  1. §7.5.6.prita, ut tibi caueam — The adverb ita followed by the ut clause with the subjunctive here expresses a restrictive condition ('on the condition that...'). caueam (present subjunctive) indicates the obligation of the usufructuary to provide security for the future restoration.
  2. §7.5.6.prrestitutum iri — A future passive infinitive composed of the accusative of the supine restitutum and the passive infinitive iri. In the accusative-and-infinitive construction depending on caueo, the implicit subject is the five thousand (quinque milia) to be restored, or it is used impersonally.
  3. §7.5.6.prpartem cum usu fructu, partem sine usu fructu — Explains the division of rights in half when ownership and usufruct compete. While the ownership of the entire tract of land (totius fundi) belongs to the legatee (you), half of it (partem) is accompanied by your own usufruct (full ownership), and the other half is without usufruct for you because I (the legatee of the usufruct) hold the usufruct over that part.

Cite this passage

Justinian I, The Digest of Justinian §7.5.6.pr-7.5.6.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.5.6.pr-7.5.6.1

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