- 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-lat1:7.5.12.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-13
A rescript of Severus and Antoninus ruling that when money is left to a legatee to be returned to a third party after death, ownership is bequeathed rather than a mere usufruct, despite the mention of use.
[MARCIANUS libro septimo institutionum.]
[MARCIANUS in the seventh book of the Institutes.]
Cum pecunia erat relicta Titio ita, ut post mortem legatarii1 ad Maeuium rediret, quamquam adscriptum sit, ut usum eius Titius haberet, proprietatem tamen ei legatam et usus mentionem factam,2 quia erat restituenda ab eo pecunia post mortem eius, diui Seuerus et Antoninus rescripserunt.
When money had been left to Titius in such a way that after the death of the legatee it should return to Maevius, although it was written that Titius should have the use of it, nevertheless the deified Severus and Antoninus replied by rescript that the ownership was bequeathed to him, and mention of the use was made, because the money had to be restored by him after his death.
- 7.5.12.prlegatarii
Refers to Titius, to whom the money was bequeathed in this case. Contextually, eius (in post mortem eius) and eo (in ab eo) in the subsequent quia clause also refer to Titius.
- 7.5.12.prproprietatem tamen ei legatam et usus mentionem factam
Accusative with infinitive construction (indirect speech) introduced by the main verb rescripserunt. The auxiliary verb esse is omitted after both legatam and factam, with proprietatem... legatam [esse] (that ownership was bequeathed) and usus mentionem... factam [esse] (that mention of the use was made) serving as parallel objects of rescripserunt.