- 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-lat1:5.3.32.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-11
Paulus states that things acquired through a slave must be restored to the heir, and this rule applies to the inheritance of a freedman as well as during an action on an inofficious testament, even if they were temporarily held as the heir's property.
[PAULUS libro uicensimo ad edictum.]
[PAULUS, on the Edict, book 20]
Per seruum adquisitae res heredi restituendae sunt: quod procedit in hereditate liberti et cum de inofficioso agitur,1 cum interim in bonis esset heredis:2
Things acquired through a slave must be restored to the heir; this applies in the case of the inheritance of a freedman and when an action on an inofficious testament is brought, even though in the meantime they were among the goods of the heir:
- 5.3.32.prde inofficioso agitur
A combination of de inofficioso (with testamento implied, referring to a challenge against an inofficious testament) and the impersonal passive agitur ("it is pleaded" or "an action is brought"). It means "when an action on an inofficious testament is brought."
- 5.3.32.prcum interim in bonis esset heredis
The cum clause with the imperfect subjunctive esset can be interpreted as concessive ("even though...") or temporal ("when..."). It is more natural to take it as concessive: even if the assets temporarily (interim) belonged to the estate of the testamentary heir (in bonis ... heredis) while the dispute was ongoing, they must be restored if the will is declared inofficious.