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The Digest of Justinian

§2.15.6.pr

Compromise and Truth Depending on the Inspection of Wills

Explains that in controversies arising from a testament, inspecting and understanding the words of the testament is an indispensable prerequisite for both making a compromise and investigating the truth.

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[GAIUS libro septimo decimo ad edictum prouinciale.]

[GAIUS in the seventeenth book on the provincial edict.]

§2.15.6.pr

​De his controuersiis, quae ex testamento proficiscuntur, neque transigi1 neque exquiri ueritas aliter potest quam inspectis cognitisque uerbis2 testamenti.

​Concerning those controversies which arise from a testament, it is not possible either to make a compromise or for the truth to be investigated in any other way than by inspecting and understanding the words of the testament.

Syntax notes2 items
  1. 2.15.6.prtransigi

    The present passive infinitive of "transigo" (to compromise, settle). It depends on "potest" either impersonally ("for a compromise to be made") or with "controuersiae" (from the preceding "de his controuersiis") understood as the subject, while the other infinitive "exquiri" takes "ueritas" as its subject.

  2. 2.15.6.praliter ... quam inspectis cognitisque uerbis

    The correlative construction of the adverb "aliter" (otherwise) and the conjunction "quam" (than) is followed by the ablative absolute "inspectis cognitisque uerbis". It literally means "not otherwise than by the words having been inspected and understood," functioning as an indispensable condition ("without inspecting and understanding...").

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.15.6.pr