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Updated: May 8, 2025
The municipalities composed of Roman citizens or of half-burgesses had, as we saw, been alarmed at the introduction of the measure, perhaps through a misunderstanding of its import and from a suspicion that the land which had been given them in usufruct was to be resumed.
36 A person who has a usufruct in land does not become owner of the fruits which grow thereon until he has himself gathered them; consequently fruits which, at the moment of his decease, though ripe, are yet ungathered, do not belong to his heir, but to the owner of the land. What has been said applies also in the main to the lessee of land.
The ruling class did not venture wholly to give up such assignations, and still less to propose them merely in favour of the rich; but they became fewer and scantier, and were replaced by the pernicious system of occupation-that is to say, the cession of domain-lands, not in property or under formal lease for a definite term, but in special usufruct until further notice, to the first occupant and his heirs-at-law, so that the state was at any time entitled to resume them, and the occupier had to pay the tenth sheaf, or in oil and wine the fifth part of the produce, to the exchequer.
It was better to be cheated a little in order to get the pleasure of making up her mind and then changing it, of fancying herself possessor now of this and now of that, and finally getting what she liked best after having had the usufruct of the whole stock.
Under the paramount surveillance of such an alien power, guided solely by its own interest in the usufruct of the country and its population, it is to be presumed that class privileges and discrimination would be greatly abated if not altogether discontinued.
1 Usufruct is thus a right detached from the aggregate of rights involved in ownership, and this separation can be effected in very many ways: for instance, if one man gives another a usufruct by legacy, the legatee has the usufruct, while the heir has merely the bare ownership; and, conversely, if a man gives a legacy of an estate, reserving the usufruct, the usufruct belongs to the heir, while only the bare ownership is vested in the legatee.
But however valid may be the landlord's title to the soil, and it is doubtful if man can own any thing in land beyond the usufruct, it can give him under the law of nature no political right. Property, like all natural rights, is entitled by the natural law to protection, but not to govern.
5 and if an outrage is committed on a slave belonging to Maevius, but in whom Titius has a usufruct, the injury is deemed to be done to the former rather than to the latter. 6 But if the person outraged is a free man who believes himself to be your slave, you have no action unless the object of the outrage was to bring you into contempt, though he can sue in his own name.
That superfluity of naughtiness that has given character to the current German Imperial policy in Belgium, e.g., or that similarly has characterised the dealings of Imperial Japan in Korea during the late "benevolent assimilation" of that people into Japanese-Imperial usufruct, is not fairly to be taken to indicate what such an Imperial establishment may be expected to do with a subject people on a footing of settled and long-term exploitation.
The Romans having seized upon lands in Italy belonging to conquered nations, considered them public lands, and rented them to the soldiery, thus retaining for the state the estate in the lands, but giving the occupier an estate of uses. The rent of these public lands was fixed at one tenth of the produce, and this was termed USUFRUCT the use of the fruits.
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