- 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-lat1:4.6.13.pr-4.6.13.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-09
Paulus endorses Labeo's view that a person instituted as both free and heir is not covered by the edict before becoming the heir, while asserting that a son-in-power is covered regarding his military peculium.
[PAULUS libro duodecimo ad edictum.]
[PAULUS libro duodecimo ad edictum.]
Recte Labeo ait eum non contineri, qui liber et heres institutus sit,1 antequam sit heres, quia nec bona habeat et praetor de liberis hominibus loquatur.
Labeo rightly says that a person who is free and has been instituted as heir is not included before he becomes the heir, because he neither has property and the praetor speaks of free men.
Puto tamen filium familias in castrensi peculio pertinere2 ad hoc edictum.
I think, however, that a son-in-power, with respect to his military peculium, is covered by this edict.
- 4.6.13.preum non contineri, qui liber et heres institutus sit
The clause 'eum non contineri' is an accusative-with-infinitive construction serving as the object of 'ait'. The relative clause starting with 'qui' refers to a slave who has been both manumitted and instituted as an heir in a testament. Paulus agrees with Labeo that before such a person actually becomes the heir, they do not possess the estate and therefore do not fall under the scope of this edict.
- 4.6.13.1filium familias in castrensi peculio pertinere
An accusative-with-infinitive clause serving as the object of 'puto'. While a son under paternal power ('filius familias') generally lacked independent proprietary capacity, he was exceptionally allowed to hold, manage, and litigate over his 'peculium castrense' (military property acquired during service). Paulus argues that with respect to this specific property, the son is covered by the edict.