- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.33.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-30
Celsus discusses a case where a grandfather promises a dowry with an agreement that no suit be brought against himself or his son, explaining that while the son can use the defense, his co-heirs cannot, since it is permissible to favor only one specific heir.
[CELSUS libro primo digestorum.]
[CELSUS, Digest, book 1]
Auus neptis nomine, quam ex filio habebat, dotem promisit et pactus est, ne a se neue a filio suo dos peteretur. si a coherede filii1 dos petatur, ipse quidem exceptione conuentionis tuendus non erit, filius uero exceptione conuentionis recte utetur. quippe heredi consuli2 concessum est nec quicquam obstat uni tantum ex heredibus prouidere si heres factus sit, ceteris autem non consuli.3
A grandfather promised a dowry on behalf of his granddaughter, whom he had by his son, and agreed that the dowry should not be demanded either from himself or from his son. If the dowry is demanded from a co-heir of the son, he himself indeed shall not be protected by the defense of agreement, but the son shall rightly make use of the defense of agreement. For it is permitted that an heir be cared for, and nothing prevents providing for only one of the heirs if he has become an heir, while not caring for the others.
- 2.14.33.prcoherede filii
Meaning "the co-heir of the son." This refers to the person who became a co-heir along with the son upon the grandfather's death. While the obligation to pay the dowry is inherited by the heirs, the benefit of the agreement of non-suit is personal to the son and does not extend to his co-heir, who therefore cannot plead the defense if sued.
- 2.14.33.prheredi consuli
Consisting of the present passive infinitive 'consuli' of the verb 'consulo' (governing the dative, meaning "to consult the interest of, care for") and its dative complement 'heredi'. It means "that an heir be cared for" and functions as the subject-like phrase of the impersonal passive expression 'heredi consuli concessum est' (it is permitted that an heir be cared for).
- 2.14.33.pruni tantum ex heredibus prouidere ... ceteris autem non consuli
The active infinitive 'prouidere' (governing the dative, "to provide for") and the passive infinitive 'consuli' are placed in parallel, with the dative complement of the former being 'uni tantum ex heredibus' and that of the latter being 'ceteris'. Together they form the infinitive phrase acting as the subject of 'obstat' (prevents), meaning "providing for only one of the heirs, while not caring for the others."