Humanitext Reader

Justinian I · The Digest of Justinian §10.2.50.pr

Exclusion of Study Allowances from Estate Partition for Emancipated Sons

Passage 1688 of 9271 · Latin

Summary

It is determined that funds provided by a father to his emancipated son studying abroad should not be deducted from or computed into the son's share of the father's estate, provided that they were given out of parental affection and not as a loan.

[IDEM libro sexto opinionum. ] §10.2.50.prQuae pater filio emancipato studiorum causa peregre agenti subministrauit, si non credendi animo pater mississe fuerit comprobatus, sed pietate debita ductus: in rationem portionis, quae ex defuncti bonis ad eundem filium pertinuit, computari aequitas non patitur.
[THE SAME, from the sixth book of Opinions.] Equity does not allow that which a father supplied to an emancipated son living abroad for the purpose of his studies to be computed into the account of the share which fell to the same son from the property of the deceased, if it is proved that the father sent it not with the intention of lending it, but led by due parental affection.

Notes

  1. 10.2.50.prquae... computari aequitas non patitur — The phrase `aequitas non patitur` ("equity does not allow") governs an Accusative with Infinitive construction, in which the relative pronoun `quae` (neuter plural accusative, with its antecedent such as `ea` omitted) serves as the subject of the passive infinitive `computari` ("to be computed").
  2. 10.2.50.prcredendi animo — "With the intention of lending". `credendi` is the genitive of the gerund of `credo` ("to lend, trust, give credit"), modifying the ablative of manner/attendant circumstance `animo` ("with the mind/intention").
  3. 10.2.50.prpater mississe fuerit comprobatus — A nominative with infinitive (NCI) construction governed by the passive verb `fuerit comprobatus` (future perfect passive or perfect subjunctive passive), where `pater` is the subject and `misisse` (spelled `mississe` in the manuscripts) is the active perfect infinitive.

Cite this passage

Justinian I, The Digest of Justinian §10.2.50.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.2.50.pr

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