- 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-lat1:4.4.31.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-08
Regarding a female heir who obtained restitution in integrum on account of her age to abstain from the inheritance, this section discusses the validity of the slave manumissions she had legally performed under a trust, and the effect of debt recoveries made before the restitution.
[IDEM libro nono responsorum.]
[THE SAME AUTHOR, in the ninth book of Opinions.]
Si mulier, postquam heres extitit, propter aetatem abstinendi causa1 in integrum restituta fuerit, seruos hereditarios ex fideicommisso ab ea recte manumissos retinere libertatem respondi: nec erunt cogendi uiginti aureos pro libertate retinenda dependere, quae iure optimo consecuti uidentur.2 nam et si quidam ex creditoribus pecuniam suam ante restitutionem ab ea reciperassent, ceterorum querella contra eos qui acceperunt ut pecunia communicetur,3 non admittetur.
I replied that if a woman, after she became heir, was granted restitution in integrum on account of her age for the purpose of abstaining from the inheritance, the estate slaves who had been legally manumitted by her in accordance with a trust (fideicommissum) retain their freedom; nor should they be compelled to pay twenty aurei to retain their freedom, which they are deemed to have acquired with the best of titles. For even if some of the creditors had recovered their money from her before the restitution, the complaint of the other creditors against those who received it to have the money shared will not be admitted.
- 4.4.31.prabstinendi causa
The genitive of the gerund abstinendi (from abstinere, meaning to abstain or refrain from the inheritance) modifies causa to express purpose ('for the purpose of abstaining'). It refers to the heir's withdrawal from the estate (abstentio).
- 4.4.31.prquae iure optimo consecuti uidentur
The relative pronoun quae, grammatically feminine singular nominative (or neuter plural accusative), here functions as the object of the transitive verb consequi (to acquire/attain) referring back to its antecedent libertatem (feminine singular accusative), which is a common manuscript slip or attraction. The subject of consecuti uidentur (they are deemed to have acquired) is the manumitted slaves (masculine plural).
- 4.4.31.prut pecunia communicetur
An ut-clause containing a subjunctive verb in the passive third person singular (communicetur), explaining the content of the noun querella (complaint/claim); meaning a petition or claim 'that the money be shared' among the creditors.