- 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-lat1:6.1.20.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-12
On the obligation of the possessor to restore inheritances, legacies, and the offspring of a female slave acquired through the disputed slave after the joinder of issue, as well as the necessity of delivery and security.
[GAIUS libro septimo ad edictum prouinciale.]
[GAIUS, in the seventh book on the Provincial Edict.]
Praeterea restituere debet possessor et quae post acceptum iudicium per eum1 non ex re sua adquisiuit: in quo hereditates quoque legataque, quae per eum seruum obuenerunt, continentur. nec enim sufficit corpus ipsum restitui, sed opus est, ut et causa rei2 restituatur, id est ut omne habeat petitor, quod habiturus foret, si eo tempore, quo iudicium accipiebatur, restitutus illi homo fuisset. itaque partus ancillae restitui debet, quamuis postea editus sit, quam3 matrem eius, post acceptum scilicet iudicium, possessor usuceperit: quo casu etiam de partu, sicut de matre, et traditio et cautio de dolo necessaria est.
Furthermore, the possessor must also restore what he acquired through him [the slave] after the acceptance of the joinder of issue, and not from his own property; in which are included also inheritances and legacies which came to him through that slave. For it is not sufficient that the thing itself be restored, but it is necessary that the accessory advantages of the thing also be restored, that is, that the plaintiff should have everything that he would have had if the slave had been restored to him at the time when the joinder of issue was accepted. Therefore, the offspring of a female slave must be restored, even though it was born after the possessor had acquired its mother by usucapion—that is to say, after the joinder of issue; in which case, both delivery and security against fraud are necessary regarding the offspring, just as they are regarding the mother.
- 6.1.20.prper eum
per eum ("through him") refers to the slave (homo) who is the object of the recovery action, as made explicit by per eum seruum in the following clause.
- 6.1.20.prcausa rei
causa here means the "cause / accessory benefits" of the thing, a legal term in the action for recovery of property (rei vindicatio) which encompasses all fruits, acquisitions, and other incidental benefits arising from the property after the joinder of issue (omne quod habiturus foret).
- 6.1.20.prquamuis postea editus sit, quam
A separated form of posteaquam ("after"). Combined with the conjunction quamuis ("although"), it forms a concessive clause meaning "even though [it] was born after [the possessor had acquired its mother by usucapion]."