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The Digest of Justinian

§5.3.29.pr

Rents and Services Treated as Equivalent to Fruits

Ulpian explains that, in the context of the petition for inheritance, rents from tenants, the services of slaves, and the freight of ships and beasts of burden are treated as equivalent to fruits.

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[ULPIANUS libro quinto decimo ad edictum.]

[ULPIANUS, on the Edict, book 15]

§5.3.29.pr

​Mercedes plane a colonis acceptae loco sunt1 fructuum. operae quoque seruorum in eadem erunt causa, qua2 sunt pensiones: item uecturae3 nauium et iumentorum.

​Rents clearly received from tenants are in the place of fruits. The services of slaves also will be in the same position as rents for lodgings; likewise the freight of ships and beasts of burden.

Syntax notes3 items
  1. 5.3.29.prloco sunt

    The ablative loco used with the genitive fructuum functions predicatively, meaning "in the place of" or "equivalent to." This is similar to expressions like loco habere (to regard as equivalent).

  2. 5.3.29.prin eadem erunt causa, qua

    causa means "legal position" or "status." The relative pronoun qua is an ablative feminine singular agreeing with the antecedent causa, standing for in qua (causa), indicating that the services of slaves will be "in the same position in which" rents (pensiones) are.

  3. 5.3.29.pritem uecturae

    After item (likewise), the predicate in eadem erunt causa from the previous clause is understood as omitted. Thus, the freight charges (uecturae) of ships (nauium) and beasts of burden (iumentorum) are also in the same legal position.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.29.pr