- 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-lat1:5.3.44.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-11
This section outlines the judge's duty to ensure that, when a legatee petitions for and wins an inheritance, the already received legacy is deducted from the inheritance to be restored if it has not been returned beforehand.
[IAUOLENUS libro primo ex Plautio.]
[JAVOLENUS in his first book excerpted from Plautius.]
Cum is, qui legatum ex testamento percepit, hereditatem petit, si legatum quocumque modo redditum non sit, iudicis officio continetur,1 ut uictori deducto eo quod accepit2 restituatur hereditas.
When he who has received a legacy under a will petitions for the inheritance, if the legacy has not been returned in any way, it is included in the office of the judge that the inheritance be restored to the victor after deducting what he has received.
- 5.3.44.priudicis officio continetur
Literally meaning "it is contained by the office of the judge," where the ut-clause (ut ... restituatur) functions as the subject or appositive, meaning "it falls within the duty of the judge" or "it is the judge's duty to ensure that..."
- 5.3.44.prdeducto eo quod accepit
The phrase "deducto eo" is an ablative absolute, where "eo" is the antecedent of the relative pronoun "quod." It means "with that which he received having been deducted," referring to the deduction of the already received legacy from the total inheritance to be restored.