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Justinian I · The Digest of Justinian §12.1.8.pr

Retrospective Confirmation of the Effects of a Loan

Passage 1863 of 9271 · Latin

Summary

Pomponius explains cases where the effect of a loan is confirmed retrospectively, citing conditional loans and the retrospective effect of an heir's loan and delivery when a legacy is rejected.

[POMPONIUS libro sexto ex Plautio. ] §12.1.8.prProinde mutui datio interdum pendet, ut ex post facto confirmetur: ueluti si dem tibi mutuos nummos, ut, si condicio aliqua exstiterit, tui fiant sisque mihi obligatus: item si legatam pecuniam heres crediderit, deinde legatarius eam noluit ad se pertinere, quia heredis ex die aditae hereditatis uidentur nummi fuisse, ut credita pecunia peti possit.
[POMPONIUS, From Plautius, book 6] Consequently, the giving of a loan sometimes remains in suspense, to be confirmed retrospectively: for example, if I give you coins as a loan on the terms that, if some condition should occur, they become yours and you are obligated to me; likewise, if the heir has lent money that was bequeathed, and then the legatee did not wish it to belong to him, because the coins are deemed to have belonged to the heir from the day the inheritance was accepted, so that the lent money can be sued for.
nam Iulianus ait et traditiones ab herede factas ad id tempus redigi, quo hereditas adita fuerit, cum repudiatum sit legatum aut adpositum.
For Julian says that even deliveries made by the heir are referred back to that time when the inheritance was accepted, when the legacy has been repudiated or rejected.

Notes

  1. 12.1.8.prex die aditae hereditatis — Meaning 'from the day the inheritance was accepted/entered upon'. The perfect passive participle `aditae` agrees with the noun `hereditatis` in a dominant participle construction (similar to 'ab urbe condita'), emphasizing the action of entering upon the inheritance rather than the inheritance itself as an object.
  2. 12.1.8.pret traditiones — The word `et` here is not a coordinating conjunction ('and') but functions adverbially as 'even' or 'also,' emphasizing that not only the ownership but 'even the deliveries' (traditiones) made by the heir are referred back.
  3. 12.1.8.prredigi — Present passive infinitive of `redigere`, functioning in an accusative and infinitive (A.C.I.) construction governed by `Iulianus ait`. Its grammatical subject is the accusative `traditiones`.

Cite this passage

Justinian I, The Digest of Justinian §12.1.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.1.8.pr

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