[PAULUS libro quinto sententiarum. ] §8.6.21.prfructuarius licet suo nomine.
[PAULUS, from the fifth book of Opinions.] The usufructuary, even if [he uses it] in his own name.
Justinian I · The Digest of Justinian §8.6.21.pr
Preservation of Servitude Through Usufructuary Use
Summary
Paulus explains that a servitude is retained even if the usufructuary uses it in his own name.
Notes
- §8.6.21.prlicet suo nomine — licet here functions as a concessive conjunction meaning "even if" or "although", with the verb of use (such as the subjunctive utatur from uti) understood from the context. It indicates that the servitude is preserved even though the usufructuary exercises it in his own name (suo nomine) rather than in the name of the owner.
Cite this passage
Justinian I, The Digest of Justinian §8.6.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.6.21.pr
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