- 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-lat1:4.2.17.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-08
Discussing whether an heir who has consumed property acquired by intimidation, or their own heir, remains liable, and concluding that once the property has come to the immediate heir, the action is perpetual and lies against them and their successors in any event.
[PAULUS libro primo quaestionum.]
[PAULUS, Questions, Book I.]
Uideamus ergo, si heres, ad quem aliquid peruenerit, consumpserit id quod peruenit, an desinat teneri, an uero sufficit semel peruenisse?1 et, si consumpto eo decesserit, utrum aduersus heredem eius omnimodo competit actio, quoniam hereditariam suscepit obligationem, an non sit danda, quoniam ad secundum heredem nihil peruenit? et melius est omnimodo competere in heredem heredis actionem:2 sufficit enim semel peruenisse ad proximum heredem, et perpetua actio esse coepit: alioquin dicendum erit nec ipsum, qui consumpsit quod ad eum peruenit, teneri.3
Let us therefore see, if an heir to whom something has come has consumed what came to him, whether he ceases to be liable, or whether it is enough that it has once come to him. And, if he dies after having consumed it, whether an action lies against his heir in any event, since the latter has assumed an hereditary obligation, or whether it should not be granted, since nothing came to the second heir? And it is better that the action should lie against the heir of the heir in any event; for it is enough that it has once come to the immediate heir, and the action has begun to be perpetual: otherwise it will have to be said that even the person himself who consumed what came to him is not liable.
- 4.2.17.pruideamus ergo, si heres, ad quem aliquid peruenerit, consumpserit id quod peruenit, an desinat teneri, an uero sufficit semel peruenisse
In the double indirect question (an desinat... an uero sufficit...) introduced by the main verb uideamus, the subjunctive (desinat) is used in the first clause, while the indicative (sufficit) is used in the second. The verb consumpserit in the conditional clause is in the perfect tense (either future perfect indicative or perfect subjunctive), indicating a hypothetical event prior to the main action.
- 4.2.17.prmelius est omnimodo competere in heredem heredis actionem
An accusative with infinitive (A.C.I.) construction introduced by the impersonal expression melius est ('it is better'). The accusative actionem ('the action') serves as the subject of the infinitive competere ('to lie/be competent'), which is qualified by in heredem heredis ('against the heir of the heir').
- 4.2.17.prdicendum erit nec ipsum, qui consumpsit quod ad eum peruenit, teneri
An accusative with infinitive construction introduced by the gerundive used impersonally dicendum erit ('it will have to be said'). The negative accusative nec ipsum ('not even the person himself') serves as the subject of the passive infinitive teneri ('to be held liable/bound'), while the relative clause starting with qui modifies ipsum, creating a nested structure.