Justinian I · The Digest of Justinian §11.7.34.pr

Burial on Conditionally Bequeathed Land and Sacredness

Passage 1838 of 9271 · Latin

Summary

This text rules that if a place has been bequeathed conditionally, the heir does not make that place religious by burying a dead body there before the condition is fulfilled.

[PAULUS libro sexagensimo quarto ad edictum. ] §11.7.34.prSi locus sub condicione legatus sit, interim heres inferendo mortuum non facit locum religiosum.

[PAULUS, On the Edict, book 64] If a place has been bequeathed under a condition, in the meantime the heir, by burying a dead body, does not make the place religious.

Notes

11.7.34.prinferendo mortuum — The gerund inferendo (ablative of the transitive verb inferre 'to bring in, bury', expressing means) takes the accusative noun mortuum (substantivized adjective) as its direct object. The entire phrase means 'by bringing in (burying) a dead body'.
11.7.34.prnon facit locum religiosum — The verb facit takes both the object locum and the adjective religiosum as an object complement in a double-accusative structure. In Roman law, a place where a dead body is buried becomes 'religious' (res religiosa) and is removed from private ownership; here it states that the burial during the interim period (before the condition is fulfilled) does not produce this legal effect.

Cite this passage

Justinian I, The Digest of Justinian §11.7.34.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.7.34.pr

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