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The Digest of Justinian

§5.3.56.pr

Restitution of Fruits Gathered by the Possessor

This section states the rule that in an action for inheritance, the fruits gathered by the possessor must always be restored, even if the claimant would not have gathered them.

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[AFRICANUS libro quarto quaestionum.]

[AFRICANUS in his fourth book of Questions.]

§5.3.56.pr

​Cum hereditas petita sit, eos fructus, quos possessor percepit, omnimodo restituendos,1 etsi petitor eos percepturus non fuerat.2

​When an inheritance has been claimed, the fruits which the possessor has gathered must in any event be restored, even if the claimant would not have been about to gather them.

Syntax notes2 items
  1. 5.3.56.prrestituendos

    The gerundive in the accusative plural masculine with the ellipsis of the infinitive 'esse' in an accusative-and-infinitive (AcI) construction, expressing a legal ruling. The governing main verb of the statement is implied.

  2. 5.3.56.prpercepturus non fuerat

    An active periphrastic construction composed of the future active participle 'percepturus' and 'fuerat' (the pluperfect of 'esse'), representing a past counterfactual potential or plan within the concessive clause introduced by 'etsi'.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.56.pr