- 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-lat1:4.4.19.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-08
It explains the time limits for a minor successor seeking restitution in integrum based on the deceased's right, detailing the relief granted due to the successor's own youth and its limitations based on the deceased's remaining time.
[IDEM libro tertio decimo ad edictum.]
[THE SAME in the thirteenth book on the Edict.]
Interdum tamen successori plus quam annum dabimus, ut est edicto expressum, si forte aetas ipsius subueniat:1 nam post annum uicensimum quintum habebit legitimum tempus. hoc enim ipso deceptus uidetur, quod, cum posset restitui intra tempus statutum ex persona defuncti, hoc non fecit.2 plane si defunctus ad in integrum restitutionem modicum tempus ex anno utili habuit, huic heredi minori post annum uicensimum quintum completum non totum statutum tempus dabimus ad in integrum restitutionem, sed id dumtaxat tempus, quod habuit is cui heres extitit.3
Sometimes, however, we shall grant to a successor more than a year, as is expressed in the Edict, if perchance his own age should come to his aid: for after his twenty-fifth year he will have the lawful time. For he seems to be deceived by this very fact, that, although he could have been restored within the prescribed time in the person of the deceased, he did not do so. Clearly, if the deceased had only a short time out of the useful year for restitution in integrum, we shall not grant to this minor heir, after the completion of his twenty-fifth year, the whole prescribed time for restitution in integrum, but only that time which he, whom he succeeded as heir, possessed.
- 4.4.19.prsi forte aetas ipsius subueniat
subueniat is in the subjunctive present, expressing a hypothetical or potential condition. aetas ipsius (his own age) refers to the minor age of the successor, which serves as a ground for extending the time limit for seeking restitution.
- 4.4.19.prdeceptus uidetur, quod, cum posset... hoc non fecit
The subject of deceptus uidetur is the minor successor. The quod clause (quod ... hoc non fecit) serves as an explanatory noun clause detailing the demonstrative phrase hoc ipso. It means that the failure to claim restitution within the period based on the deceased's status is itself regarded as a disadvantage (deception) suffered by the minor due to lack of experience.
- 4.4.19.prid dumtaxat tempus, quod habuit is cui heres extitit
is is the subject of the verb habuit in the relative clause, and not the antecedent of the relative pronoun quod (the antecedent is tempus). cui is a dative governed by heres extitit (became heir to), and cui heres extitit means 'the person to whom he became the heir' (i.e., the deceased).