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Justinian I · The Digest of Justinian §10.2.53.pr

Conditions for Counting Son's Loan in Father's Estate

Passage 1691 of 9271 · Latin

Summary

This section discusses the legal requirement regarding when money lent by an emancipated son to be paid to his father is to be included in the father's estate.

[ULPIANUS libro secundo responsorum. ] §10.2.53.prPecuniam, quam filius emancipates ita credidit, ut patri solueretur, ita demum in hereditatem patris numerari, si patri aduersus filium eiusdem quantitatis nomine actio competebat.
[ULPIAN, from the second book of Opinions.] Money which an emancipated son lent on the condition that it should be paid to his father is only then to be included in the inheritance of the father, if the father had a right of action against his son for the same amount.

Notes

  1. §10.2.53.prfilius emancipates — The spelling 'filius emancipates' in the manuscripts is understood as a scribal error for 'filius emancipatus' (nominative masculine singular, 'an emancipated son').
  2. §10.2.53.prnumerari — An infinitive in the accusative and infinitive (AcI) construction, with 'pecuniam' as its subject accusative. It depends on an omitted verb of declaring or responding (such as 'respondit'), which is typical in juristic opinions (responsa).
  3. §10.2.53.prita demum... si — A correlative expression emphasizing a strict, restrictive condition: 'only then... if...' or 'only on the condition that...'.

Cite this passage

Justinian I, The Digest of Justinian §10.2.53.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.2.53.pr

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