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Justinian I · The Digest of Justinian §10.2.19.pr

Measures for Equitable Sharing of Profits by Co-Heirs

Passage 1656 of 9271 · Latin

Summary

The passage discusses the measures a judge must take, such as making reckonings or requiring guarantees, to ensure that any profit obtained from the inheritance by a single co-heir is shared among all heirs.

[GAIUS libro septimo ad edictum prouinciale. ] §10.2.19.prItem ex diuerso similiter prospicere iudex debet, ut quod unus ex heredibus ex re hereditaria percepit stipulatusue est non ad eius solius lucrum pertineat.
[GAIUS, On the Provincial Edict, book 7] Likewise, on the other hand, the judge must similarly take care that what one of the heirs has received or stipulated from the inheritance asset does not belong to his profit alone.
quae ita scilicet consequetur iudex, si aut reputations inter eos fecerit aut si curauerit cautiones interponi, quibus inter eos communicentur commoda et incommoda.
The judge will of course achieve these things in this way, if he either makes reckonings between them, or if he takes care that guarantees are entered into, by which advantages and disadvantages may be shared among them.

Notes

  1. §10.2.19.prex diuerso — Meaning 'on the other hand' or 'from the opposite side'. In contrast to the previous sections (10.2.18.3–7) which discussed compensating a co-heir for expenses or debts incurred, this refers to the reverse situation: distributing profits obtained by a single heir.
  2. §10.2.19.prquae — A relative pronoun in the neuter plural accusative, functioning as a 'relative connection' (linking relative) that refers back to the entire objective described in the preceding clause (ensuring that profits do not belong to one heir alone) and serves as the direct object of the main verb 'consequetur'.
  3. §10.2.19.prcurauerit cautiones interponi — The combination of the verb 'curare' with the passive infinitive 'interponi' expresses a causative meaning: 'to take care that [something] is done' or 'to cause to be entered into'. 'cautiones' refers to guarantees or stipulations to secure the future sharing of advantages and disadvantages (commoda et incommoda).

Cite this passage

Justinian I, The Digest of Justinian §10.2.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.2.19.pr

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