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Justinian I · The Digest of Justinian §11.7.32.pr-11.7.32.1

Defeated Possessor's Expenses and Simultaneous Death of Spouses

Passage 1836 of 9271 · Latin

Summary

This section discusses the availability of the useful action for funeral expenses for a defeated possessor who did not deduct them during restitution, and the action against the husband's heir in proportion to the dowry when a couple dies simultaneously.

[PAULUS libro uicensimo septimo ad edictum. ] §11.7.32.prSi possessor hereditatis funus fecerit, deinde uictus in restitutione non deduxerit quod impenderit, utilem esse ei funerariam.
[PAUL, On the Edict, book 27] If the possessor of an inheritance has conducted a funeral, and then, having been defeated, has not deducted what he expended in the restitution, the useful action for funeral expenses is available to him.
§11.7.32.1Si eodem momento temporis uir et uxor decesserit, Labeo ait in heredem uiri pro portione dotis dandam hanc actionem, quoniam id ipsum dotis nomine ad eum peruenit.
If a husband and wife have died at the same moment of time, Labeo says that this action should be granted against the heir of the husband in proportion to the dowry, since that very thing came to him under the name of dowry.

Notes

  1. §11.7.32.prutilem esse ei funerariam — The noun actionem is omitted after funerariam. The entire phrase is in the accusative with infinitive (A.C.I.) construction, where a governing verb of thinking or saying (such as placuit or constat) is elliptically omitted, which is common in the Digest when stating legal opinions or rules. The term utilis actio (useful/equitable action) refers to an action granted on grounds of equity in cases not strictly covered by civil law.
  2. §11.7.32.1decesserit — Although the subject is plural (uir et uxor, "husband and wife"), the verb decesserit is in the singular. This is because the verb agrees in number with the nearest subject (uxor), or because the deaths of both are conceptualized as a single event. It should be translated with plural force ("have died").

Cite this passage

Justinian I, The Digest of Justinian §11.7.32.pr-11.7.32.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.7.32.pr-11.7.32.1

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