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Justinian I · The Digest of Justinian §10.2.10.pr

Scope of Inheritance Partition Including Surface Rights

Passage 1647 of 9271 · Latin

Summary

Regarding the assets subject to the action for partition of an inheritance, it is stated that not only estates held in full private ownership, but also leasehold or superficiary estates, and even things owned by others but possessed by the deceased in good faith, are included.

[ULPIANUS libro nono decimo ad edictum. ] §10.2.10.prItem praedia, quae nostri patrimonii sunt, sed et uectigalia uel superficiaria: nec minus hae quoque res, quas alienas defunctus bona fide possidet.
[ULPIANUS, On the Edict, book 19] Likewise, estates which belong to our patrimony, but also those held on long-term lease or subject to superficial rights; and no less also those things of which, although belonging to another, the deceased was in possession in good faith.

Notes

  1. §10.2.10.prnostri patrimonii — A genitive of possession or characteristic ("belonging to our patrimony"), referring to private property held in full ownership. It stands in contrast to the leasehold (uectigalia) or superficiary (superficiaria) estates that follow, which are subject to limited rights.
  2. §10.2.10.pralienas — An adjective modifying the relative pronoun `quas` (with `res` as its antecedent) predicatively, meaning "them as belonging to another." It describes a situation where the deceased was possessing things in good faith, even though they actually belonged to someone else.

Cite this passage

Justinian I, The Digest of Justinian §10.2.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.2.10.pr

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