- 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-lat1:5.3.27.pr-5.3.27.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-11
Ulpianus argues that the offspring of female slaves, though not considered fruits, increase the inheritance and must be restored, and that rents from urban estates, even if derived from a brothel, must likewise be included in the restitution.
[ULPIANUS libro quinto decimo ad edictum.]
Ancillarum etiam partus et partuum partus quamquam fructus esse non existimantur, quia non temere ancillae eius rei causa comparantur ut pariant, augent tamen hereditatem: quippe cum ea omnia fiunt hereditaria, dubium non est, quin ea possessor, si aut possideat aut post petitam hereditatem1 dolo malo fecit quo minus possideret,2 debeat restituere.
Even the offspring of female slaves and the offspring of their offspring, although they are not considered to be fruits (because female slaves are not commonly acquired for the purpose of bearing children), nevertheless increase the inheritance; for since all these things become part of the inheritance, there is no doubt that the possessor must restore them, if he either possesses them or, after the inheritance has been claimed, has by malicious intent done something to cease possessing them.
Sed et pensiones, quae ex locationibus praediorum urbanorum perceptae sunt, uenient,3 licet a lupanario perceptae sint: nam et in multorum honestorum uirorum praediis lupanaria exercentur.
But also the rents which have been received from the leasing of urban estates will come into the claim, even if they have been received from a brothel; for brothels are operated even on the estates of many respectable men.
- 5.3.27.prpost petitam hereditatem
A structure where the perfect passive participle petitam agrees with the noun hereditatem, forming the so-called 'ab urbe condita' construction. It means 'after the inheritance has been claimed' (i.e., after the petition for inheritance was filed).
- 5.3.27.prfecit quo minus possideret
The verb facere followed by quo minus and the imperfect subjunctive, expressing a result or prevention ('to bring it about that... not...'). Here it refers to the possessor maliciously acting in such a way that he 'ceases to possess' (or avoids possessing) the property after the lawsuit was initiated.
- 5.3.27.1uenient
The intransitive verb uenire (third-person plural future) is used here in a specific legal sense meaning 'to come into [the scope of the claim]' or 'to be included [in the restitution].'