Humanitext Reader

Justinian I · The Digest of Justinian §10.2.32.pr

Distribution of Undivided Estate Residual to Inherited Shares

Passage 1670 of 9271 · Latin

Summary

It discusses under what conditions the estate left undivided by a father, after he gave certain actions in place of a division, belongs to each heir in proportion to their share.

[IDEM libro secundo responsorum. ] §10.2.32.prQuae pater inter filios non diuisit post datas actiones uice diuisionis, ad singulos pro hereditaria portione pertinent, modo si cetera, quae non diuisit, in unum generaliter non contulit uel res datas non sequuntur.
[THE SAME, from the second book of Responses.] What the father did not divide among his sons, after actions were given in place of a division, belongs to each of them in proportion to their hereditary share, provided that he did not gather the rest, which he did not divide, into a single mass in a general way, or they do not follow the things that were given.

Notes

  1. §10.2.32.prpost datas actiones uice diuisionis — post is a preposition governing the accusative, taking datas actiones (accusative plural feminine). It is translated as 'after the giving of actions'. uice (ablative singular feminine) with the genitive diuisionis functions prepositionally to mean 'in place of'.
  2. §10.2.32.prmodo si — A conjunctional phrase introducing a proviso or conditional clause ('provided that', 'only if'), which, combined with the subsequent negatives (non contulit and non sequuntur), establishes an exception.
  3. §10.2.32.prres datas non sequuntur — The subject of the verb sequuntur (third-person plural) is the preceding cetera, quae non diuisit (neuter plural). res datas (accusative plural feminine, 'the things given') is the object of sequuntur. It states a condition that the remaining undivided assets do not follow the assets already specifically allocated.

Cite this passage

Justinian I, The Digest of Justinian §10.2.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.2.32.pr

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