← Justinian I

The Digest of Justinian

§5.1.27.pr

Compatibility of Envoy Duties and Custody of Inheritance

It argues that there is no conflict between an envoy performing public duties and a plaintiff taking possession of hereditary property for custody.

View ▾
View
Translation
Typeface
AI ↗
← PrevNext →

[IULIANUS libro primo digestorum.]

[JULIANUS, in the first book of the Digests.]

§5.1.27.pr

​Quid enim prohibet1 legatum2 publico munere fungi et actorem3 custodiae causa in possessione rerum hereditariarum esse?

​For what prevents an envoy from performing his public duty, and the plaintiff from being in possession of the hereditary property for the purpose of custody?

Syntax notes3 items
  1. 5.1.27.prprohibet

    The verb prohibere (to prevent/hinder) governs the accusative with infinitive construction ('to prevent A from doing B'). Here, two clauses, legatum ... fungi and actorem ... esse, are connected by et and governed by prohibet.

  2. 5.1.27.prlegatum

    The accusative singular of the masculine noun legatus (envoy, ambassador), not the neuter legatum (legacy/bequest). It serves as the subject accusative of the infinitive fungi, as clearly indicated by the context of legatio in the preceding fragment 26.

  3. 5.1.27.practorem

    The accusative singular of actor (plaintiff, claimant). In this context, it refers to the party requesting the possession of hereditary property (such as the legatees or creditors mentioned in the preceding fragment 26 who are put into possession if no security is given).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.27.pr