- 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-lat1:5.3.17.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-11
Gaius discusses the relief for a possessor who paid legacies under a presumed testament but had the inheritance evicted by an intestate heir, explaining that according to a senate-consult, the possessor may satisfy himself by retaining hereditary assets and ceding his actions to the claimant.
[GAIUS libro sexto ad edictum prouinciale.]
[GAIUS in the sixth book on the provincial Edict.]
Quod si possessor hereditatis ob id, quod ex testamento heredem se esse putaret, legatorum nomine de suo soluit, si quis ab intestato eam hereditatem euincat, licet damnum uidetur esse possessoris, quod sibi non prospexerit stipulatione 'euicta hereditate legata reddi1', attamen quia fieri potest, ut eo tempore soluerit legata, quo adhuc nulla controuersia mota sit, et ob id nullam interposuerit cautionem, placet in eo casu euicta hereditate dandam ei esse repetitionem. sed cum cessante cautione repetitio datur, periculum est, ne propter inopiam eius, cui solutum est legatum, nihil repeti possit, et ideo secundum senatus consulti sententiam subueniendum ei est, ut ipse quidem ex retentione rerum hereditariarum sibi satisfaciat, cedat autem actionibus petitori,2 ut suo periculo eas exerceat.
But if a possessor of an inheritance, because he thought himself to be the heir under a testament, paid out of his own property under the name of legacies, and if someone wins back that inheritance as an intestate heir, although the loss seems to be that of the possessor because he did not provide for himself by the stipulation ‘that the legacies are to be returned if the inheritance is evicted’, yet because it is possible that he paid the legacies at a time when no controversy had yet been raised, and for that reason interposed no security, it is accepted that in that case, the inheritance having been evicted, a claim for recovery is to be given to him. But when a claim for recovery is given in the absence of a security, there is a danger that, because of the insolvency of the person to whom the legacy was paid, nothing can be recovered, and therefore, according to the opinion of the senate-consult, he should be relieved in this way: that he himself indeed may satisfy himself from the retention of hereditary things, but should cede his actions to the claimant so that the latter may exercise them at his own risk.
- 5.3.17.prstipulatione 'euicta hereditate legata reddi'
The phrase in single quotes stands in apposition to the ablative noun stipulatione ('by a stipulation'), specifying its content. Within the quotes, euicta hereditate is an ablative absolute ('the inheritance having been evicted'), and legata reddi is an accusative with infinitive construction ('that the legacies be returned').
- 5.3.17.prcedat autem actionibus petitori
The verb cedere normally takes the thing ceded in the accusative (or ablative) and the recipient in the dative. Here, actionibus (the actions ceded) is placed in the ablative (or dative functioning as the thing ceded), and petitori (the claimant, to whom they are ceded) is in the dative.
Translated by Gemini 3.5 Flash (published 2026-07-12) · Revision history (1, latest 2026-09-21)
- 2026-09-21 AI review — translation 1