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Justinian I · The Digest of Justinian §10.2.56.pr

Inclusion of Past Fruits in Actions for Partition

Passage 1694 of 9271 · Latin

Summary

Paulus explains that the fruits or profits obtained in the past are included in the scope of division not only in the action for regulating boundaries but also in the action for the partition of an inheritance.

[PAULUS libro uicensimo tertio ad edictum. ] §10.2.56.prNon solum in finium regundorum, sed et familiae erciscundae iudicio praeteriti quoque temporis fructus ueniunt.
[PAULUS, from the twenty-third book on the Edict.] Not only in the action for regulating boundaries, but also in that for the partition of an inheritance, the fruits of past time also are included.

Notes

  1. §10.2.56.prueniunt — The verb `uenire` (literally "to come") is frequently used in Roman legal terminology, especially in the context of actions, to mean "to be included" or "to come into calculation or consideration" within the scope of a lawsuit.
  2. §10.2.56.prfinium regundorum — The genitive plural of the noun `finis` (boundary) and the gerundive of `regere` (to direct, regulate). It modifies the ablative noun `iudicio` (which is shared from the second clause) following the preposition `in`, meaning "in the action for regulating boundaries." The phrase `familiae erciscundae` in the second clause is constructed in the same manner with a noun and a gerundive.

Cite this passage

Justinian I, The Digest of Justinian §10.2.56.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.2.56.pr

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