- 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-lat1:5.3.4.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-11
This text explains that in an action for inheritance, even if the defendant possessed only a single disputed thing initially, they must also restore whatever other parts of the inheritance they began to possess subsequently.
[PAULUS libro primo ad edictum.]
[PAULUS in the first book on the Edict.]
Si hereditatem petam ab eo, qui unam rem possidebat, de qua sola1 controuersia erat, etiam id quod postea coepit possidere restituet.2
If I should claim an inheritance from one who was in possession of a single thing, about which alone there was a dispute, he shall also restore that which he subsequently began to possess.
- 5.3.4.prde qua sola
The adjective sola is in the feminine ablative singular, agreeing in gender, number, and case with the relative pronoun qua (whose antecedent is the feminine noun rem). It means 'about which alone,' indicating that the dispute was initially restricted to that single object.
- 5.3.4.prpetam ... restituet
The verb in the protasis petam is in the present subjunctive (or future indicative), while the verb in the apodosis restituet is in the future indicative. This combination presents a hypothetical future scenario followed by a certain legal consequence, a typical construction in Roman legal writing.