- 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-lat1:5.3.23.pr-5.3.23.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-11
Discusses whether the price a bona fide possessor must restore is limited to the remaining enrichment, and clarifies that penalties received due to late payment of the price should also be restored as part of the total enrichment.
[ULPIANUS libro quinto decimo ad edictum.]
[ULPIANUS in the fifteenth book on the Edict.]
Utrum autem omne pretium restituere debebit bonae fidei possessor an uero ita demum, si factus sit locupletior, uidendum: finge pretium acceptum uel perdidisse uel consumpsisse uel donasse. et uerbum quidem peruenisse1 ambiguum est, solumne hoc contineret, quod prima ratione fuerit, an uero et id quod durat. et puto sequentem clausulam senatus consulti, etsi haec sit ambigua, ut ita demum competat,2 si factus sit locupletior.
However, it must be considered whether a bona fide possessor will have to restore the whole price, or indeed only if he has been made richer. Imagine that he has either lost, consumed, or given away the received price. Indeed, even the word ‘peruenisse’ is ambiguous, whether it contains only this which was in the first calculation, or indeed also that which remains. And I think that the following clause of the senate decree, although this itself may be ambiguous, is applicable only if he has been made richer.
Proinde si non solum pretium, sed etiam poena tardius pretio soluto3 peruenerit, poterit dici, quia locupletior in totum factus est, debere uenire,4 licet de pretio solummodo senatus sit locutus.
Accordingly, if not only the price but also a penalty has come to hand because the price was paid too late, it can be said that, since he has been made richer in total, this also ought to come [into the claim], although the senate spoke only of the price.
- 5.3.23.prperuenisse
The infinitive meaning "to have come to hand," referring to the phrasing used in the senatus consultum of Hadrian. The text discusses the interpretive ambiguity of whether this term includes the entire price initially received or only the profit currently remaining (id quod durat).
- 5.3.23.prut ita demum competat
The verb puto (I think) usually takes an accusative with infinitive (AcI) construction, but here it is followed by an ut clause with the subjunctive (competat). This subjunctive clause is used to express the intended application or interpretation of the senatus consultum ("I think it should apply only if...").
- 5.3.23.1tardius pretio soluto
pretio soluto is an ablative absolute accompanied by the comparative adverb tardius (later than usual, too late), expressing the cause or reason: "because the price was paid later than it should have been."
- 5.3.23.1debere uenire
The verb uenire (to come) is used here in its technical legal sense to mean "to come into the claim" or "to be included in the calculation of the restitution of the inheritance" (an abbreviation of in petitionem uenire).