Roman Law Terms with Letters U

U.R. Abbreviation for uti rogas. See A.

Ugo (Ugolino dei Presbiteri). A glossator of the first half of the twelfth century.

Kuttner, NDI 12, 2, 680.

Ulpianus, Domitius. A jurist whose works were ex­cerpted in a large measure by the compilers of the Digest; nearly one-third thereof originates from Ulpian’s pen.

Jors, RE 5, 1435 (no. 88) ; Berger, OCD; Orestano, NDI 12, 2; Pernice, Ulpian als Schriftsteller, SbBerl (1885) 443; H.

Ultimum supplicium. The death penalty. Syn. sum­mum supplicium.

Ultimus. See dispositio ultima, voluntas ultima. Ultro. Voluntarily, spontaneously, i.e., without any obligation, authorization or mandate. The term is applied to acts accomplished for another by a nego­tiorum gestor.

Ultro citroque. Reciprocal, on both sides. The ex­pression is used of reciprocal obligations arising from a bilateral agreement and of the pertinent actions which are available to each party against the other. Ultro tributa. Public works (constructions and build­ings) assigned at a public auction to contractors who offered to build them at the lowest price.—See red­emptores, OPERA PUBLICA.

Kühler, Gesch. des röm. Rechts (1925) 92; idem, RE 4A, 484; Mommsen, Staatsrecht 2, l³ (1887) 432, 443.

Uncia. One-twelfth of an as. Hence the twelfth part of a whole, in particular of an inheritance. Heres unciarius or heres ex uncia = an heir whose share in the inheritance was one-twelfth.

Babeion, DS 5, 590.

Unciae usurae. One-twelfth of usurae centesimae (=12 per cent), i.e., one per cent per annum.

Unciarium fenus. See fenus unciarium. Unciarius heres. See uncia.

Unde cognati (legitimi, liberti, vir et uxor). The sections of the praetorian Edict which fixed the four groups of successors under praetorian law (see bono­rum possessio intestati).—D. 38.6-8; C. 6.14; 15; 18.

Unde vi. Three interdicts against dispossession through violence were proposed under this title in the praetorian Edict; see interdictum de vi.—D.

Berger, RE 9, 1677.

Universaliter venire. To be sold at a lump sum. Universi cives. See POPULUS ROMANUS.

Universitas. A union of persons or a complex of things, treated as a unit (a whole). As far as a universitas of persons is concerned, the term is applied by the jurists in the field of both public (persons associated in a community, civitas, municipia, col­legia of a public character) and private law (private collegia, societates). Universitas of persons is dis­tinguished from its members (singuli). As a uni­versitas of things are treated things which economi­cally (e.g., a herd = grex, a building = universitas aedificii, aedium) or socially are considered a whole. In the last instance universitas comprises the complex of things and rights connected with an individual, such as an inheritance (hereditas, universitas bonorum), or in a more restricted sense, a peculium, a dowry. In this sense universitas is opposed to singulae res, singula corpora which refer to the individual things embraced by the term universitas as a whole. In later imperial constitutions universitas occurs in con­nections such as fideicommissum universitatis, donatio universitatis. The term universitas has been suspected as non-classical for various (not always convincing) reasons.—D. 3.4; 38.3; 403.—See actor universi­tatis, INTERDICTA DE UNIVERSITATE, RES HEREDI­TARIAE, PIAE CAUSAE.

Cuq, DS 5; Bortolucci, NDI 12, 2; Guarneri-Citati, Indice² (1927) 88, St Riccobono 1 (1936) 742, Fschr Koschaker 1 (1939) 155 (for interpolations); F. Milone, Le universi­tates rerum (1894); C. Longo, St Fadda 1 (1906) 123; Bonfante, Ser giuridici 1 (1926) 250, 277; Bortolucci, BI DR 42 (1934) 150, 43 (1935) 128; Schnorr v. Carols- feld, Zur Gesch. der juristischen Person 1 (1933) 59; Al- bertario, St 5 (1937) 323, 4 (1946) 65; P. W. Duff, Personality in R. private law (1938) 35; Carcaterra, Rend- Lomb 73 (1939-40) 701; B. Biondi, Istituti fondamentali di dir. ereditario 1 (1946) 42; V.

Universitas 'facti—Universitas iuris. These non­Roman terms were coined in the literature to dis­tinguish a group of things which though physically separated are treated as a whole, their single com­ponents not being taken in consideration, universitas facti (e.g./ a library, a collection of pictures), from a group of persons or things which as a whole has a legal existence, distinct from that of its members or parts (universitas iuris).

Universitas hominum. A rather vague term indicat­ing a larger group of persons organized along social lines.

Universitas^ ludaeorum. Occurs only in a rescript of the emperor Caracalla (C. 1.9.1) in connection with a legacy bequeathed to it. The emperor declared the legacy not suable. In. the case in question the term was used by a testatrix with reference to the Jews living in Antioch, and evidently not as a legal tech­nical term, but in the meaning universi ludaei.

Schnorr v. Carolsfeld, Zur Gesch. der Juristischen Person 1 (1933) 69.

Universitas iuris. See universitas facti. Bortolucci, NDI 12, 2.

Universum ius. See successio in universum ius, hereditas, universitas.

Univira (univiria). A woman who after the death of her husband remained unmarried. Women twice married'were socially less esteemed. Augustus’ legis­lation (lex iulia de maritandis ordinibus), how­ever, compelled widows and divorced women to marry a second time by inflicting on them considerable material disadvantages.—See luctus, secundae nuptiae.

Frey, Recherches de science religieuse 20 (1930) 48.

Unus casus. A unique case. Contrary to the basic rule concerning the rei vindicatio in one case only (unus casus)—according to Justinian’s Institutes, 4.6.2.—a plaintiff could sue his adversary although he himself had possession of the thing vindicated.

R. Henle, U. c. (1915); Berger, GrZ 42 (1916) 725; Scia- loja, St Simoncelli (1917) 511 (= St 2 [1934] 273); Nico- lau, RHD 13 (1934) 597, 14 (1935) 184.

Unus iudex. See IUDEX UNUS, IUDICIUM LEGITIMUM. Unus testis. See TESTIMONIUM UNIUS.

Urbana familia. See familia rustica.

Urbana (urbicaria) praefectura. Praefectura urbis, see PRAEFECTUS URBI.

Urbanus. See praedia urbana, sedes, praetor, villa. Urbicarius. Connected with, or pertinent to, the capi­tal (Rome, and later Constantinople). The adjective occurs only in imperial constitutions.

Urbicum edictum. The edict of the praetor urbanus.

‱ —See EDICTUM PRAETORIS.

Urbicus. Refers only to Rome (see urbs) ; the term does not occur in Justinian’s Code.

Urbs. In the Digest this refers to Rome, in later im­perial constitutions to Constantinople. Distinction is made between urbs = the city surrounded by walls, and Roma as a topographical concept: it is the com­plex of buildings (continentia aedificia) regardless of the walls (muri, D. 50.16.2 pr.; 87).—See regiones URBIS, MURUS, CONTINENTIA, VICARIUS IN URBE, VICARIUS URBIS.

Urbs Constantinopolitana. See constantinopoli- TANA URBS.

Urere. To burn.—See cadaver.

Urgere (urguere). To press, to urge. The term is very rare in the Digest, but frequent in imperial constitutions, particularly in those of Diocletian. It is used in the sense of suing an adversary (debtor) in court in order to obtain satisfaction.

Urseius Ferox. A jurist of the late first century after Christ. He is primarily known through a commen­tary by Julian (Ad Urseium Ferocem, in four books) ; the title of Urseius’ work itself—apparently of a casuistic nature—is unknown.

Ferrini, Opere 2 (1929) 505; Baviera, Scr giur. 1 (1909) 99; Guarino, Salvius Julianus (1946 ) 48.

Usitatum (usitatius, usitatissimum) est.

Ustrina (ustrinum). A place for burning the dead. The establishment of such places was subject to various restrictions (not within the boundaries of a city). With regard to Rome, according to Augustus’ order, they had to be located at least two thousand steps beyond the city.

Usuarius. (Adj.) A thing (res usuaria) or a slave (servus usuarius) of whom a person other than the owner had the right of usus.

Usuarius. (Noun.) A person who has the right of usus on another’s thing or slave.

Usucapere (usu capere). To acquire ownership over another’s thing through usucapio.—See the follow­ing items.

Usucapio. Acquisition of ownership of a thing be­longing to another through possession of it (possessio) for a period fixed by law. Further requirements of usucapio under ius civile were' (a) bona fides (good faith), i.e., the possessor’s honest belief that he ac­quired the thing from the owner (while, in fact, he acquired it from a non-owner, a non domino), and through a transaction which legally was suitable for the transfer of ownership (while, in fact, it was not, if, e.g., the thing which was a res mancipi was con­veyed by traditio). Good faith was required on the part of the possessor only at the beginning of his possession. If he lost, later his good faith by getting knowledge of the true situation, the completion of the usucapio was not impaired; (b) a just cause (iusta causa, also called iustus titulus) ; see pro in connection with' possession. Such a just cause was either an act of liberality (donatio) of the owner or an agreement with him (a purchase) which would justify the acquisition of ownership if there were not a defect in the transaction itself (e.g., traditio of a res mancipi instead of mancipatio) or in the person of the transferor (a non-owner). An erroneous belief of the usucaptor that there was a just cause (e.g., a valid sale or donation) did not suffice for usucapio. Possession of the. usucaptor had to be con­tinuous and uninterrupted. If he lost possession during the period required for usucapio (according to the Twelve Tables two years for immovables, one year for other things) the previous time during which he possessed under conditions sufficient for usucapio did not count any longer. Usucapio was accessible only to Roman citizens and on things on which Quiritary ownership was admissible. Things belonging to the fisc and res publicae were excluded from usucaption. For provincial land and the later development, see praescriptio longi temporis. In Justinian’s law the term usucapio refers only to usu­caption of movables for which possession for three years was required. Excluded from usucapio were stolen things (res furfivae, see lex atinia) and things taken by violence (res vi possessae, see lex iulia et titia) even when possessed by a person who acquired them bona fide from the wrongdoers. —D. 41.3; Inst. 2.6; C. 7.30; 31.—See possessio, MANCIPATIO, ACTIO AUCTORITATIS, INTERPELLATE, EX­PLERE, ACCESSIO POSSESSIONS, SUCCESSIO IN POSSES­SIONEM, BONA FIDES, MALA FIDES, USURPATIO, ACTIO

PUBLICIANA, PRAESCRIPTIO LONGI TEMPORIS, and the subsequent items.

Cuq, DS 5; Bortolucci, NDI 12, 2; Zanzucchi, AG 72 (1904) 177; see Galgano, I limiti subbiettivi dell’antica usucapio (1913); Suman, RISG 59 (1917) 225; Bonfante, Scr. giur. 2 (1926) 469-758; Collinet, Mel Fournier (1929) 71; Voci, St Ratti (1934) 367; idem, SDH I 15 (1949) 159; idem, St Carnelutti 4 (1950) 155; J. Faure, Iusta causa et bonne foi (Lausanne, 1936) ; Μ. Kaser, Eigentum und Besitz (1943) 293; Meyers, Scr Ferrini 4 (Univ. Sacro Cuore, Milan, 1949) 203.

Usucapio ex Rutiliana constitutione. If a man bought a res mancipi from a woman who acted without the auctoritas of her guardian (see tutela mulierum), he did not acquire ownership, but he could usucapt the thing. The woman could, however, interrupt the usucapio if she paid back the buyer the price.—See CONSTITUTE.

Usudapio libertatis. Refers to landed property en­cumbered by a predial servitude. The owner of a land on which another had a servitude could free his land from the servitude if through a construction or a definite action he prevented the person entitled from exercising his right and the latter tolerated it for a certain time (two years in classical law, ten or twenty under Justinian law), D. 41.3.4.28.—See non usus.

Grosso, Foro Italiano 62 (1937) part 4, 266; B. Biondi, Servitù prediali (1946) 267.

Usucapio pro derelicto. Usucaption of a thing aban­doned by a non-owner and possessed by the usucaptor pro derelicto (as if abandoned by the owner).—D. 41.7.—See pro (in connection with possession).

H. Krüger, Mnem. Pappulia (1934) 163 ;*A. CuĂ©nod, U. p. d. (These Lausanne, 1943).

Usucapio pro donato. Usucaption of a thing received as a gift from a person who was not the owner of it and possessed by the usucaptor pro donato (as if donated by the owner).—D. 41.6; C. 7.27.

Bonfante, Scr giur. 2 (1926) 563; Levet, RHD 11 (1932) 387, 12 (1933) 1.

Usucapio pro dote. Usucaption of a thing which a husband received among the things constituted as a dowry and which was not owned by the person who constituted the dowry. This usucapio starts from the time of the conclusion of the marriage.—D. 41.4; C. 7.28.—See dos, pro (in connection with posses­sion).

Bonfante, Scr giuridici 2 (1926) 569.

Usucapio pro emptore. Usucaption of a thing by the buyer to whom it was sold and delivered and who, however, did not acquire ownership thereof because of a legal defect in the act of transfer or because the seller was not the owner. The possession of the thing by the buyer is pro emptore (as if the purchase were valid).—See D. 41.4; C. 7.26.—See emptio, pro (in connection with possession).

P. Bonfante, Scr giuridici 2 (1926) 575.

Usucapio pro herede. If a person possessed a thing which was a part of an inheritance and of which the heir did not yet obtain possession,, he acquired owner­ship thereof by usucapio, called pro herede ( = as if an heir). For this kind of usucapio possession for a year sufficed even for immovables. Knowledge on the part of the usucaptor that the thing belonged to an heir, was not a hindrance since neither bona fides nor iusta causa were required. The reason for this unfair form of acquisition of ownership on another’s thing—it was considered by the jurists “lucrativa” (= profitable, gratuitous)—was, according to Gaius (Inst. 2.55), that the ancient Romans wanted inheri­tances to be accepted by the heir as soon as possi­ble in order that the familiar religious rites (see sacra familiaria) be continued soon after the death of a head of a family, and that the creditors be satisfied without delay. Under Hadrian a senatus­consultum abolished the usucapio pro herede,—D. 41.5; C. 7.29.—See heres, causa lucrativa.

H. Krüger, ZSS 54 (1934) 80; Collinet, St Riccobono 4 (1931) 131; Kamps, Arch, d’histoire du droit oriental 3 (1948) 264; Biondi, Istituti fondamentali di dir. ereditario 2 (1948) 114; Albanese, AnPal 20 (1949) 276.

Usucapio pro legato. A usucapio based on posses­sion of a thing, bequeathed in a valid testament in the form of a legatum per vindicationem, of which, however, the legatee could not acquire ownership because the testator had no ownership of it. The possession of the usucaptor is pro legato (as if the legacy were valid).—D. 41.8.—See legatum per vindicationem, pro (in connection with possession).

P. Bonfante, Scr. giuridici 2 (1926) 611; Bammate, RIDA 1 (1948) 27.

Usucapio pro soluto. Usucaption of a thing which one received from his debtor in repayment of a debt and of which the creditor did not acquire ownership because of a legal defect in the transfer of the thing to him.

P. Bonfante, Scr giuridici 2 (1926) 555.

Usucapio pro suo. Usucapio of a thing which one possessed “as his own” on the ground of any just cause. The term pro suo is a general one and was applied whenever there was not a specific title indi­cated by an appropriate term (see the foregoing items).—D. 41.10.

P. Bonfante, Scr giur. 2 (1926) 631; Albertario, Studi 2 (1941) 185; H. H. Pflüger, Erwerb des Eigentums (1937) 42.

Usucapio servitutis. The acquisition of a servitude (see servitus) through the exercise (usus) of the rights connected with it for a certain period of time. Usucapio servitutis was admitted in earlier law prob­ably only with regard to rustic servitudes, namely iter, actus, via, and aquaeductus; it was later forbid­den by the LEX SCRIBONIA.

Ascoli, AG 38 (1887) 51, 198; B. Biondi, Le servitù pre­diali (1946) 233.

Usucapionem rescindere. See actio rescissoria. Usufructuarius. See ususfructus.

Usurae. Interest generally paid periodically in money (or in fungibles) by the debtor to the creditor as long as the principal (sors, caput) was not repaid. Usurae are regarded to be proceeds (see fructus) of the capital. Interest was due when agreed upon by the parties (normally through stipulatio), a sim­ple informal pact (usurae ex рас to) did not suffice, but could be taken into consideration in trials governed by good faith (see iudicia bonae fidei). An agree­ment was superfluous when the obligation to pay interest was imposed by the law (usurae legitimae). Interest paid in an amount higher than permitted by law or though prohibited by law (see lex genucia) could be claimed back by the debtor who had paid them, through condictio ob iniustam causam (see lex marcia).—D. 22.1; C. 4.32.—See fenus, fenus NAUTICUM, FENUS UNCIARIUM, MUTUUM, INTER- USURIUM, VERSURA.

Cuq, DS 5; De Villa, NDI 7, 51; Butera, NDI 12, 2, 801; Heichelheim, OCD 455; G. Billeter, Gesch. des Zinsfusses im Altertum (1898); Garofalo, AG 66 (1901) 157; V. A. Cottino, Usura (1908); Rotondi, Scr 3 (1922 ex 1911) 389; G. Cassimatis, Les interets dans la legislation de Justinien (1931); De Villa, Usurae ex pacto (1937).

Usurae centesimae. Monthly interest of one-hun­dredth of the sum due, i.e., twelve per cent per annum. The Romans counted interest by a fraction of the principal and monthly. Usurae dimidiae centesimae = six per cent per annum (syn. usurae semisses).

Usurae ex mora (usurae morae). Interest to be.paid by the debtor on account of his default. In contracts based on good faith (contractus bonae fidei) interest for default could be claimed by the creditor. The judge decided upon it in the judgment about the principal debt. Usurae ex mora were due under the law in case of default in fulfillment of a fideicommis- sum, but not when a legatum under ius civile was concerned. Justinian abolished the distinction.—C. 6.47.—See MORA DEBITORIS.

G. Billeter, Gesch. des Zinsfusses (1898) 284; E. Balogh, Zur Frage der Versugssinsen, in Acta Academiae univer­salis iurisprud. comparatae 1 (1928).

Usurae ex pacto. Interest promised by a simple pact. Generally such usurae were not enforceable. “If in­terest was agreed upon by a mere pact (pactum nudum), the pact is invalid” (Paul. Sent. 2.14.1). If the interest agreement was connected with a con­tract governed by good faith (contractus bonae fidei) the judge could take into consideration the question of interest and condemn the defendant to pay it ac­cording to the agreement, especially if such pay­ment was customary. In certain specific cases, as in loans given by cities, in loans of fungibles other than money (in later classical law), or in loans made with bankers (under Justinian), a pact concerning interest was considered valid.

De Villa, Le u. ex pacto, 1937.

Usurae fiscales. The fisc could claim interest from his debtors (e.g., from tax farmers) who failed to pay in due time. The fisc, however, did not pay interest at all except when it inherited a debt from which interest was due.—C. 10.8.—See Fiscus.

Usurae legitimae. The rate of interest which was imposed or fixed by law. In the late Republic the highest admissible rate was twelve per cent (usurae centesimae). Higher interest was granted in a fenus nauticum until Justinian limited it to twelve per cent. Under his law the normal rate was six per cent (C. 4.32.26.2); merchants could demand eight per cent, persons of higher social rank {personae illustres) only four per cent.—See legitim us.

G. Billeter, Gesch. des Zinsfusses (1898) 267.

Usurae maritimae. See fenus nauticum.

Usurae morae. See usurae ex mora.

Usurae pupillares. Interest which a guardian was liable to pay to his ward if he negligently failed to place the ward’s money at interest, if he lent it to insolvent debtors, or used it for his own profit (D. 26.7.7.10).—C. 5.56.—See tutela impuberum.

Usurae quae in obligatione consistunt. Interest which was promised in a separate stipulatio and was enforceable independently from the principal obliga­tion. Ant. usurae, quae officio iudicis praestantur, actionable only together with the principal obligation and as far as the latter was enforceable, but the deci­sion as to whether they are due or not, and to what extent, lay with the judge {officium iudicis). To the latter category belonged usurae ex mora; interest to be paid by a manager of another’s property (a guardian, a mandatary) when he used money en­trusted to him for his own profit or when, through negligence, he failed to place the administered funds at interest; interest due to minors, to the fisc or to charitable institutions.

Usurae quae officio iudicis praestantur. See the fore­going item.

C. Fadda, 57 e questions di diritto, 1 (1910) 229.

Usurae quincunces. Five-twelfths of usurae cen­tesimae, i.e., five per cent per annum.

Usurae rei iudicatae. Justinian ordered that a debtor who did not pay a judgment debt within four months after the judgment was rendered or confirmed on appeal, had to pay twelve per cent interest from the judgment sum.—C. 7.54.

P. De Francisci, Saggi romanistici, 1913, 61.

Usurae semisses. See usurae centesimae.

Usurae ultra duplum. Interest exceeding the prin­cipal. Syn. usurae ultra alterum tantum. The ac­cumulation of interest due and not paid could not exceed the amount of the debt; a debtor never had to pay in overdue, interest more than the amount of the debt. Justinian extended the rule to interest already paid, to wit, no interest could be demanded by the creditor once the interest paid equaled the sum due.

Usurae usurarum. Compound interest.—See anato­cismus.

Usurarius. (Adj.) A debtor who had to pay interest on the sum he owed. Usuraria pecunia = money lent at interest.

Usureceptio. Regaining ownership through usucapio {usu recipere) of a thing of which one was previously the owner, as, e.g., if one had transferred the owner­ship of a thing legally (through mancipatio or in iure cessio) to another (a relative or a friend) to look after it as a trustee {fiduciae causa) and later regained possession of the thing without the ownership being retransferred to him. A usureceptio also took place when a thing was given to the creditor as a pledge in the form of fiducia (i.e., ownership thereof was transferred to him) and later, after the debt was paid, possession of the thing (but not ownership) was re­turned to the debtor, its former owner (Gaius, Inst. 2.59-61). The usureceptio disappeared when fiducia as a form of pledge and the transfer of ownership as a trust {fiduciae causa) went out of use. There is no mention of usureceptio in Justinian’s legislation.

Manigk, RE 6, 2305; Cuq, DS 5, 607; Grosso, RISG 4 (1929) 260; Bortolucci, ND! 12, 2; W. Erbe, Fiduzia (1940) 64; Levy, 57 Albertario 2 (1950) 221.

Usureceptio ex praediatura. Usucapio of a thing by its former owner who had given it to the fisc as a pledge. If the latter sold it afterwards at auction and the former owner regained possession, no matter how, he could acquire ownership through usucapio (Gaius, Inst. 2.61). See PRAEDIATOR.

Bortolucci, NDI 12, 2, 806; Cuq, DS 5, 607.

Usurpare. To usurp, to take unlawfully (physical power over a thing). In a quite different meaning (=to interrupt) the term is used with regard to usus (a form of acquisition of marital power, manus over the wife) as a result of the so-called trinoctium {abesse a viro usurpandi causa = to leave the hus­band in order to interrupt sc. the usus, Gellius, Noct. Att. 3.2.12-13). Similarly usurpare is used of the interruption of USUCAPIO.—See usurpatio (usuca­pionis).

Levy-Bruhl, Revue de philologie 62 (1936).

Usurpatio (usucapionis). An interruption of an usucapio. It occurred when the usucaptor lost pos­session of the thing to be usucapted.—D. 41.3.—See usucapio, interpellatio.

Cuq, DS 5.

Usus. (From uti.) In a general sense, the act of using a thing. See furtum usus, res quae usu consumuntur. In usu esse = to be used by an individual or by all {in usu publico). The locution in usu is applied to legal institutions that are in gen­eral use (e.g., a testament), primarily those connected with civil procedure {actiones, legis actiones, excep­tiones). In a more specific sense usus and the locu­tion in usu esse refer to customs and customary rules in legal relations. Usu receptum est is said of a rule which has been established by custom.—See con­suetudo, IUS SCRIPTUM, LONGAEVUS USUS, USUS LOCI.

Usus. As a personal servitude, the right to use (ius utendi) another’s property, without a right to the produce (fructus) of the thing (contrary to usu­fruct). Usus was strictly personal. When it was granted for dwelling in another’s house, the bene­ficiary (usuarius) could reside therein together with his family, household, slaves and guests, but he could not leave the house and let it as a whole to others. Normally usus was left as a legacy. If no other use of the thing was possible than by taking the fruits (e.g., a vegetable garden or an orchard), the usuarius could use the fruits for himself and his household but not sell them to others.—See operae animalium. —Inst. 2.5; D. 7.4; 6; 8; 33.2.

Cuq, DS 5, 611; Ricci, ND! 1, 36 (s.v. abitazione e uso); Riccobono, St Scialoja 1 (1905) 579; Pampaloni, RISG 49 (1911) Ch. Hie V; Meylan, St Albertoni 1 (1935) 95; G. Grosso, Uso, abitazione (Corso, 1939) 139; idem, SDH I 5 (1939) 139; Solazzi, SDH I 7 (1941) 373; Villers, RHD 28 (1950 ) 538; Lauria, St Arangio-Ruiz 4 (1953) 225.

Usus. In the law of marriage, a formless acquisition of marital power (manus) over the wife through an uninterrupted cohabitation of a man and a woman for one year with the intention of living as husband and wife (affectio maritalis). However, a deliberate ab­sence of the woman from the common household for three consecutive nights produced the interruption of the usus which was considered as a kind of usucapio of the manus. The marriage based on living together as husband and wife remained valid but without the husband’s power over the wife (sine manu) if the latter repeated the practice of three-night absence every year.—See trinoctium.

Kunkel, RE 14, 2261; C. W. Westrup, Quelques observa­tions sur les origines du mariage par usus, 1926; E. Vol­terra, La conception du mariage (Padova, 1940) 5; H. Levy-Bruhl, Nouvelles Etudes (1947) 64; Kostler, ZSS '65 (1947) 50; Villers, RHD 28 (1950) 538; M. Kaser, Das altrom. lus (1949) 316; idem, lura 1 (1950) 70.

Usus auctoritas. According to Cicero (Top. 4.23) the expression was used in the Twelve Tables in ref­erence to the earliest usucapio. The exact meaning of the term is not quite clear. Usus seemingly al­ludes to the uninterrupted possession (use) and physical control over the thing which was to be acquired by usucapio.—See actio auctoritatis.

Leifer, ZSS 57 (1937) 124; M. Kaser, Eigentum und Be­sitz (1943 ) 86; F. De Visscher, Nouvelles Etudes (1949) 179; P. Noailles, \Du droit sacrt au droit civil (1950) 256; Kaser, ZSS 68 (1951) 155.

Usus iudiciorum..See consuetudo fori.

Usus iumenti, ovium, pecoris. See operae servorum. Usus iuris. The exercise of a right, e.g., of a servi­tude.—See POSSESSIO IURIS, usucapio servitutis.

Usus loci. A local custom, see usus.

Usus longaevus. See longaevus usus.

Ususfructus. The right to use (uti, ius utendi) an­other’s property and to take produce (fructus) there­from (ius fruendi), without impairing (i.e., destroy­ing, diminishing, or deteriorating) its substance (salva rerum substantia, D. 7.1.1). The usufruct is reck­oned by Justinian among personal servitudes (see servitus). As a strictly personal right the ususfruc­tus is neither transferable nor alienable. A transfer of a ususfructus through in iure cessio was possible only from the beneficiary of the ususfructus (usufruc­tuarius, fructuarius) to the owner of the thing. A usufruct was usually constituted in the last will of the owner through a legacy, but it could arise from a transaction between the owner and the usufructuary through in iure cessio and, later, under praetorian law, by formal or formless agreement; see pactiones et stipulationes. A ususfructus was extinguished by the death or by capitis deminutio, maxima or media, of the usufructuary. Perishable things and those used by consumption (see res quae usu consumuntur) could not be the object of ususfructus; see, however, quasi ususfructus. Ususfructus is characterized by the jurists as a part of ownership (pars dominii), since practically it comprised all the benefits con­nected with ownership. The owner retained mere ownership (nuda proprietas) and he might dispose of the thing without violating the rights of the fruc­tuarius. The limitation salva rerum substantia im­posed certain duties on the usufructuary: he could not change the economic function or destiny of the property, construct a building thereon, or encumber the property with a servitude or acquire one on behalf of it. But his ius fruendi was extended to all kinds of proceeds (see fructus), hence he could let the property or a part of it to another person.—Inst. 2.4; D. 7.1; 2; 4-6; 9; 33.2; C. 3.33.—See cautio usu­fructuaria, DEDUCTIO USUSFRUCTUS, FRUCTUARIUS, SILVA, INTERDICTUM QUAM HEREDITATEM, MUTATIO REI, VENATIO.

Beauchet and Collinet, DS 5; De Dominicis, NDI 12, 2; Pampaloni, BIDR 22 (1910) 109; idem, RISG 49 (1911) ch. IV-VI; Albertario, BIDR 25 (1912) 5 (= Studi 2, 1941, 309); W. W. Buckland, LQR 43 (1927) 326; De Francisci, St Ascoli (1931) 55; P. E. Cavin, L’extinction de Vusufruit rei mutatione (Lausanne, 1933) ; P. Frezza, Appunti esegetici in tema di modi pretorii di costituzione dell'usufrutto, StCagl 22 (1935) 92; Masson, RHD 13 (1934) 1, 161; Meylan, St Albertoni 1 (1933) 122; Bo- hacek, BIDR 44 (1936-37) 19; G. Grosso, L'usufrutto (Corso, 1938) ; idem, 5 (1939) 483, 9 (1943) 157; Kaser, Fschr Koschaker 1 (1939) 458; R. F. Vaucher, Usufruii et pars dominii (These Lausanne, 1940) ; P. Ramelet, L'acquisition des fruits par l’usufruitier (These Lausanne, 1945); Kagan, CambU 9 (1946) 159; idem, TulLR 22 (1947) 94; Riccobono, BIDR 49-50 (1948) 33; Sanfilippo, ibid. 58; Kaser, ZSS 65 (1947) 363; Solazzi, SDHI 6 (1940) 162; idem, La tutela delle servitù prediali (1949) 93; idem, SDHI 16 (1950) 277; 18 (1952) 229; Ambro­sino, ibid. 183; Albanese, AnPal 21 (1951) 21 ; Levy, West Roman vulgar law, 1951, passim; Reggi, AG 142 (1952) 229; Biondi, St Arangio-Ruiz 2 (1952) 86.

Ut. (Conj.) When followed by an indicative or an accusative with an infinitive in lieu of a subjunctive, this occurs in interpolated phrases. But as a cri­terion of an interpolation it is not fully reliable because in corrupt texts the erroneous construction may have originated from a copyist’s error or negli­gence. It can hardly be assumed that the compilers did not know that ut had to be followed by a sub­junctive.

Guarneri-Citati, Indice* (1927) 80 and Fschr Koschaker 1 (1939) 155.

Ut puta. See utputa.

Uterini. Brothers {uterinus frater) and sisters (uterina soror) born of the same mother.—See frater.

Uterus. In utero = in the womb. Syn. venter.—See NASCITURUS.

Usani, Bollettino di filol. classica 16 (1910) 85.

Uti. To use.—See USUS, USUSFRUCTUS.

Uti. Technical term for the use of procedural remedies (e.g., uti actione, interdicto, formula, exceptione, de­fensione) or of benefits granted by specific laws (e.g., uti lega Falcidia = to claim the quarta Falcidia accord­ing to lex falcidia).—See utimur hoc iure.

Uti frui habere possidere. To use, to take proceeds, to hold, to possess. The four words (sometimes with omissions) are used in leases of public land and in treaties with autonomous cities (civitates liberae) to indicate the most important functions of ownership of landed property which are granted to a lessee to be exercised by him without the right of ownership. Kaser, ZSS 62 (1942) 22.

Uti optimus maximus. See optimus maximus.

Uti possidetis. See interdictum uti possidetis.

Uti rogas. (Abbreviation u.r.) See a.

Uti iure suo. To make use of (to exercise) one’s right. Several legal rules empower a person to make use of his right regardless of whether or not another person suffers a loss thereby. “No one is considered to act fraudulently (dolo facere), to commit a wrong (damnum facere), or to use violence (vim facere) who avails himself of his right (qui iure. suo utitur)” (D. 50.17.55 and 155.1).—See aemulatio, nemo DAMNUM FACIT, NEMO VIDETUR DOLO, etc.

Riccobono, BIDR 46 (1939) 3.

Utilis. Used of legal acts, transactions, and procedural steps which have been, or can be, successfully accom­plished in a given situation. In a technical sense the adjective is used in the following connections: annus UTILIS, DIES UTILES, TEMPUS UTILE, IMPENSAE UTILES, ACTIONES UTILES, INTERDICTA UTILIA.------------------------------- See UTILITER.

Seckel, in Heumann’s Handlexikon⁹ (1907) 608.

Utilis (utile, utilia) publice. In the public interest. Syn. utilis in commune (= in the interest of the com­munity), publice interest. Ant. privatim utilis in the interest of private persons.—See utilitas publica, INTEREST ALICUIUS.

Utilitas. With regard to an individual, his interest, benefit (see interest alicuius). Utilitas privato­rum = the interest of private persons. Ant. utilitas publica (communis). Some legal rules are qualified as having been established utilitatis causa (propter utilitatem), i.e., either for public utility (welfare), or on behalf of certain categories of individuals (such as minors, lunatics, absent persons) or for general ex­pediency and suitableness for practical purposes. “When new rules are introduced, their utility must be evident as to whether a law which has been con­sidered just for a long time is to be changed” (D

1.4.2).

Orestano, AnMac 11 (1937) 56; Biondi, Scr Ferrini (Univ. Pavia, 1946) 219.

Utilitas communis. See utilìtas publica. "It can be proved by innumerable instances that many rules have been introduced by the ius civile in the public interest against the principles of reasoning” (D.

9.2.51.2).

Utilitas contrahentium. The benefit of the contract­ing parties.—See CULPA.

Utilitas publica. The welfare (interest) of the state. “Consideration of the public interest is preferable to the convenience of private individuals (commo dis pri- vatorum),” Paul, Sent. 2.19.2. “Public welfare is to be preferred to private agreements (privatorum contractibus),” Diocl., C. 12.62.3.—Utilitates publicae (in the later Empire) = public services (contribu­tions in money or labor, so-called liturgies) rendered by the citizens or certain groups of them for the benefit of the state or municipalities.—C. 1.22.—See munera.

F. M. De Robertis, L'espropriazione per pubblica utilità, 1936; v. Premerstein, Pom Wesen und Werden des Prin- zipats (1937) 194; Steinwenter, Fschr Koschaker 1 (1939) 84; v. Lubtow, ZSS 66 (1948) 486; Berger, lura 1 (1950) 110; Gaudemet, RHD 29 (1951) 466 ; Levy, West Roman vulgar law, 1951, 100.

Utiliter. See utilis. Utiliter agere = either to sue successfully (syn. utiliter experiri, pet ere, intendere) or to sue with an actio utilis; see actiones utiles, interdicta utilia. Utiliter in connection with other verbs, indicates the validity of an act performed or to be performed (e.g., utiliter testari, instituere here- dem, dare legata, legare, relinquere fideicommissum, all in the law of succession; utiliter obligari, ger ere negotium, stipulari, in the law of obligations).

Utimur hoc (eo) iure. This is the law we apply. It is a typical phrase in juristic writings indicating a legal rule which is generally observed. Ant. alio iure utimur. The locution is frequent in Gaius’ Institutes. At times the compilers of the Digest applied the phrase, which they learned from the classical jurists, especially when they wished to shorten the discussion in a classical text. By no means, however, can the phrase be considered a criterion of an interpolation. Guarneri-Citati, Indice* (1927) 51, s.v. ius; Berger, KrVj 14 (1912) 440.

Utputa (ut puta). As, for instance; suppose that; as in the case. The adverbial phrase was used by both classical jurists and Justinian’s compilers to introduce illustrative material.

Guarneri-Citati. Indice* (1927) 72 (s.v. puta, Bibl.).

Utraqye Roma. See roma.

Uttubi. See INTERDICTUM UTRUBI.

Uxor.,A wife, a married woman. Strictly speaking uxor refers only to a woman married to a Roman citizen. The term is also used, however, with refer­ence to a Latin or to a wife living with a husband in a marriage without conubium (uxor iniusta, as op­posed to an uxor iusta, i.e., a woman living with a husband in a matrimonium iustum). Even a fe­male slave living with a slave in a marriage-like union (see contubernium) is occasionally called uxor. Uxorem ducere = to marry a woman.—C. 4.12.—See MATER FAMILIAS, MATRONA, MARITUS, BONORUM POS­SESSIO intestati (for the right of a wife to the intestate succession of her husband, unde vir et uxor), INTERDICTUM DE LIBERIS EXHIBENDIS.