- 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-lat1:5.3.58.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-11
In a case where a father made expenditures from an inheritance for his emancipated son's honor, the legal remedy is discussed for when the son insists on claiming the entire inheritance despite the father's readiness to restore it after deducting those expenses; it is resolved that the judge's office can sufficiently account for this even without a formal plea.
[SCAEUOLA libro tertio digestorum.]
[SCAEUOLA in his third book of Digests.]
Filius a patre emancipatus secundum condicionem testamenti matris adiit hereditatem, quam pater, antequam filium emanciparet, possedit fructusque ex ea possedit, sed erogationem in honorem filii cum esset senator1 fecit ex ea. quaesitum est, cum paratus sit pater restituere hereditatem habita ratione2 eorum quae in eum erogauit, an filius nihilo minus perseuerans petere hereditatem doli mali exceptione summoueri possit. respondi, et si non exciperetur, satis per officium iudicis consuli.3
A son, emancipated by his father, entered upon an inheritance in accordance with the condition of his mother’s will, which inheritance the father, before he emancipated his son, had possessed, and had also possessed the fruits from it; but the father made an expenditure from it for the honor of his son when the latter was a senator. The question was asked, since the father is ready to restore the inheritance after taking into account those things which he spent upon him, whether the son, nevertheless persisting in claiming the inheritance, can be barred by the plea of fraud. I answered that, even if no plea were entered, the matter is sufficiently provided for through the office of the judge.
- 5.3.58.prcum esset senator
A subjunctive imperfect clause. Although the subject is not explicitly stated, it is natural to understand the preceding object filii (the son) as the subject, referring to the expenses made for his honor when he held or advanced to the rank of senator.
- 5.3.58.prhabita ratione
An ablative absolute construction consisting of the noun ratio and the participle habita. Literally 'account having been taken,' meaning here that the sum expended by the father for the son should be deducted or balanced against the restoration of the inheritance.
- 5.3.58.prconsuli
The passive infinitive of consulere used impersonally within the accusative and infinitive construction following the main verb respondi. Literally 'provision is made' or 'it is consulted for,' indicating that the father's interest is automatically protected and taken into account through the judge's office (officium iudicis) even without a formal plea.