- 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-lat1:5.4.9.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-11
Explains the response of Alfenus regarding how the other co-heirs should claim the proceeds of a sale made by the agent of a deceased heir who was in Asia, specifying the scope and the parties of the claim.
[PAULUS libro tertio epitomarum Alfeni digestorum.]
[PAULUS, in the third book of his Epitomes of Alfenus’s Digests.]
Cum multi heredes instituti essent, ex his unus in Asia erat: eius procurator uenditionem fecit et pecuniam pro parte eius abstulerat: postea apparuerit eum qui in Asia erat antea decessisse instituto ex parte dimidia herede procuratore suo et ex parte alio.1 quaesitum est, quemadmodum pecunia ex hereditate petenda esset. responsum est ab eo, qui procurator eius fuisset, totam hereditatem, quia ex hereditate ea pecunia fuisset quae ad procuratorem ex uenditione peruenisset, petere2 eos oportere: et nihilo minus partem dimidiam hereditatis a coheredibus eius.3 ita fore,4 siue omnis ea pecunia penes eum qui procurator fuisset resideret, ut omnem per iudicem ab eodem recuperarent, siue is partem dimidiam coheredi suo reddidisset, ipsum ex dimidia parte et ex dimidia coheredes eius condemnarent.
When several heirs had been instituted, one of them was in Asia; his agent made a sale of property and had recovered the money for his share. Afterwards, it appeared that the one who was in Asia had previously died, having instituted his agent as heir to a half share and another person to the other half share. It was asked how the money should be claimed from the inheritance. The answer was given that they ought to claim the whole inheritance from the person who had been his agent, because that money which had come to the agent from the sale was from the inheritance; and nevertheless, a half share of the inheritance from his co-heirs. It would be so, that, whether all that money remained in the hands of the person who had been the agent, they should recover the whole from the same person through the judge, or, if he had handed over a half share to his co-heir, they should condemn him for a half share, and his co-heirs for the other half share.
- 5.4.9.prinstituto ex parte dimidia herede procuratore suo et ex parte alio
An ablative absolute construction. The nouns procuratore suo (his agent) and alio (another) act as subjects in apposition to the noun herede (as heir) and participle instituto (having been instituted). In the second part, ex parte implies the remaining half share corresponding to the first ex parte dimidia.
- 5.4.9.prab eo ... petere
The prepositional phrase ab eo (from him) depends on the infinitive petere (to claim from someone) inside the indirect statement (A.c.I.), rather than modifying the main verb responsum est. eo is antecedent to the relative clause qui procurator....
- 5.4.9.pra coheredibus eius
The phrase petere eos oportere (they ought to claim) from the preceding clause is understood here. Thus, it means 'they ought to claim a half share from his (the agent's) co-heirs'. eius refers to the agent.
- 5.4.9.prita fore
A future infinitive (fore = futurum esse) indicating the prospective legal effect or outcome of the response, introducing the subjunctive clauses ut ... recuperarent and condemnarent.