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Justinian I · The Digest of Justinian §7.9.10.pr

Security for Heirs on Legacy of Usufruct of a Co-Owned Slave

Passage 1346 of 9271 · Latin

Summary

This section explains that when the usufruct of a co-owned slave is bequeathed to one of the co-owners, the usufruct becomes the sole property of the legatee and falls outside the scope of the action for partition, making it necessary for the testator's heir to secure a guarantee from the legatee.

[PAULUS libro quadragensimo ad edictum. ] §7.9.10.prSi serui, qui nobis communis erat, usum fructum tibi legauero, necessaria erit haec cautio heredi meo: quamuis enim de proprietate possit communi diuidundo experiri, tamen causa usus fructus, qui tuus proprius est, ad officium communi diuidundo iudicis non pertinebit.
[PAULUS in the fortieth book on the Edict.] If I bequeath to you the usufruct of a slave who was common to us, this security will be necessary for my heir: for although it is possible to sue by the action for the division of common property concerning the ownership, nevertheless the case of the usufruct, which is your own property, will not pertain to the office of the judge in the action for the division of common property.

Notes

  1. §7.9.10.prcommuni diuidundo — Abbreviation for 'actio communi dividundo' (action for the division of common property). Here, it functions as an ablative of means modifying the deponent verb 'experiri' (to bring an action, to sue).
  2. §7.9.10.prtuus proprius — A contrast showing that, although the slave itself was originally common (communis) to 'us' (the testator and you), the bequeathed usufruct became 'your' sole and exclusive (proprius) right.

Cite this passage

Justinian I, The Digest of Justinian §7.9.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.9.10.pr

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