Selected Controversial Questions from the Seventh and Eighth Books of the Pandects

Taken from books 7 and 8 of the Digest. original: "ff." – the standard abbreviation for the Digest, a massive 6th-century collection of Roman legal opinions compiled under Emperor Justinian.

13. There is a quasi-usufruct: A legal right to use things that are consumed or altered by use (like money or clothes), where the user agrees to return the equivalent value later. of everyday clothing; however, for those things which are consumed by time rather than by use, there is a true usufruct. Law 7, Digest on the usufruct of those things, joined with Law 15, section 5, on Usufruct; Law 9, penultimate section, on how usufruct is secured. Hotoman on section 2 of the Institutes on usufruct. Disputing: Donellus, 10th Commentary, 4, where see Hilliger under letters D and Lyclama, 5th part, the end.

14. A quasi-usufruct cannot exist without a security bond: A legal guarantee or "caution" (cautio) ensuring that the property will be cared for and eventually returned or compensated., since that bond is considered part of its very substance. Section 2, Institutes on Usufruct. Ulpian in the fragments, title 24, section 25. Lyclama, 7th part, 29. Andreas Gerhard, Dispute 5, theorem 6. Gail, 2nd Observation, 46, number 2. Donellus, Commentary 10, chapter 4. Disputing: Fachinaeus, 8th Controversy, chapter 43. Giphanius in the commentary on section 2 of the Institutes on usufruct; see Master Preceptor Harpprecht on section 2, number 15, on Usufruct. Therefore, it cannot be waived by an heir. Vultejus on section 2 of the Institutes on usufruct, number 6. Disputing: Bronchorst, 1st Opposing Views, 89. Much less can it be waived by a Testator The person who wrote the will.. Laws 1 and 2, Code on usufruct. Gail, 2nd Observation, 145. Donellus, 10th Commentary, chapter 14. Fachinaeus, 8th Controversy, 42. Bronchorst, 1st Opposing Views, 89. Indeed, this security must be provided by Guarantors: Individuals who take responsibility for another's debt or obligation., because it is Pretorian: A type of legal obligation or remedy originating from the Roman Pretor (magistrate) rather than from strict statutory law.. Law 13, in the introduction, on usufruct. Law 4, Code on the same. Law 7, Digest on how usufruct is secured. Goeddaeus on stipulations, chapter 5, conclusion 19, number 287, etc. Bronchorst, 1st Miscellaneous, 50.

15. A usufruct left to a City lasts for 100 years. Law 56, on Usufruct. Unless the city first suffers the plow. This is a legal metaphor: a city "suffers the plow" when it is completely destroyed and its land is leveled or turned back into farmland. Law 21, on the ways usufruct is dissolved; see Law 68, at the end of the introduction, where Gothofredus comments on the Falcidian Law. However, an annual legacy written to a City is seen as perpetual and everlasting. Diego Covarruvias, 3rd Variety, 10, number 10. Disputing: Gothofredus on law 8, on the legacy of use and usufruct; see law 20, on Usufruct.

16. From pending fruits Crops that are still growing and have not yet been harvested., nothing is owed to the usufructuary at the time the usufruct is ended or lost. Law 58, on Usufruct. Donellus, 10th Commentary, 9. Johannes Robertus, 2nd Animadversions, 10. Hart. Pistor, book 1, question 24, number 20; and Master Preceptor D. Harpprecht on section 2, number 83, etc., Institutes on Usufruct. Andreas Gerhardi, Dispute 5, final theorem. Bachovius, final chapter, toward the end. This is true even against the wish of Cujacius, who almost alone dissents. 4th Feudal Law, title 30.

17. Real servitudes Property rights that "run with the land," such as a right-of-way over a neighbor's plot. cannot be established without estates. Argument from law 129, section "when the principal," and law 178, on the Rules of Law. Vultejus, Wesenbec, Heigius on section 3, Institutes on servitudes. Bronchorst, 1st Opposing Views, 96. See Lyclama, 7th part, 43, page 402.