- 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-lat1:7.1.46.pr-7.1.46.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-13
In Section pr, the author explains that a legacy of ownership with usufruct deducted to a mother must be preserved as full ownership even if the will is challenged by a pretermitted child, and in Section 1, he establishes that a usufructuary has the right to sue the heir for repairs if ordered by the testator.
[PAULUS libro nono ad Plautium.]
[PAULUS, in the ninth book on Plautius.]
Si extraneo scripto et emancipato praeterito1 matri defuncti deducto usu fructu proprietas legata sit, petita contra tabulas bonorum possessione2 plena proprietas pietatis respectu matri praestanda est.
If, with a stranger having been appointed as heir and an emancipated child pretermitted, the ownership, with the usufruct deducted, has been bequeathed to the mother of the deceased, even if possession of goods contrary to the will has been demanded, the full ownership must be provided to the mother out of respect for familial affection.
Si testator iusserit, ut heres reficeret3 insulam, cuius usum fructum legauit, potest fructuarius ex testamento agere, ut heres reficeret.
If a testator has ordered that the heir should repair a building of which he bequeathed the usufruct, the usufructuary can bring an action under the will to compel the heir to repair it.
- 7.1.46.prextraneo scripto et emancipato praeterito
These are two parallel ablative absolute constructions, with the nouns herede (heir) and filio (son/child) understood respectively. extraneo [herede] scripto means 'a stranger having been appointed as heir in the will,' and emancipato [filio] praeterito means 'an emancipated child having been pretermitted (passed over).'
- 7.1.46.prpetita contra tabulas bonorum possessione
An ablative absolute construction where bonorum possessione and its participle petita are separated by contra tabulas (hyperbaton). In this context, it expresses a concessive or conditional clause: 'although (or if) possession of goods contrary to the will has been demanded' by the pretermitted child.
- 7.1.46.1ut heres reficeret
Appears twice in this section. The first occurrence is a substantive clause of purpose/will introduced by ut (with the imperfect subjunctive reficeret), serving as the object of iusserit. The second occurrence specifies the object or claim of the action brought under the will (agere).