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The Digest of Justinian

§4.2.18.pr

Enrichment upon Perishing or Conversion of Property

Julian states that if the thing itself has perished, the person is not enriched, but if it was converted into money, they are considered enriched even if they later lose it, citing an imperial rescript.

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[IULIANUS libro sexagensimo quarto digestorum.]

[JULIAN, Digest, Book LXIV.]

§4.2.18.pr

​Si ipsa res, quae ad alium peruenit, interiit, non esse locupletiorem1 dicemus: sin uero in pecuniam aliamue rem conuersa sit, nihil amplius quaerendum est, quis exitus sit, sed omnimodo locuples factus uidetur, licet postea deperdat.2 nam et imperator Titus Antoninus Claudius Frontino de pretiis rerum hereditariarum rescripsit ob id ipsum peti ab eo hereditatem posse, quia licet res quae in hereditate fuerant apud eum non sint, tamen pretium earum quo, locupletum eum uel saepius mutata specie faciendo,3 perinde obligat, ac si corpora ipsa in eadem specie mansissent.

​If the thing itself which came to another has perished, we shall say that he is not enriched; but if it has been converted into money or another thing, there is no need to inquire further what the outcome was, but he is deemed to have been enriched in any event, even if he should lose it afterwards. For the Emperor Titus Antoninus also wrote in a rescript to Claudius Frontinus concerning the prices of hereditary things, that the inheritance can be claimed from him for this very reason: because, although the things which had been in the inheritance are not with him, nevertheless their price, by making him enriched (even if the form of the things has been changed very often), binds him just as if the things themselves had remained in the same form.

Syntax notes3 items
  1. 4.2.18.prnon esse locupletiorem

    This is an accusative-with-infinitive clause serving as the object of the main verb dicemus. The subject accusative eum is omitted.

  2. 4.2.18.prlicet postea deperdat

    The conjunction licet introduces a concessive clause with the present subjunctive deperdat ("even if he should lose it afterwards").

  3. 4.2.18.prquo, locupletum eum uel saepius mutata specie faciendo

    faciendo is a gerund in the ablative of means. locupletum is a spelling variant for the accusative singular locupletem, serving as a predicative adjunct to the object eum ("by making him enriched"). mutata specie is an ablative absolute ("its form having been changed"). quo is the ablative of means of the relative pronoun referring back to pretium.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.2.18.pr