Humanitext Reader

Justinian I · The Digest of Justinian §12.4.13.pr

Recovery of Collation when Estate Possession is Unclaimed

Passage 1963 of 9271 · Latin

Summary

This section quotes the opinion of Marcellus that if a son contributes property to his brother in anticipation of claiming possession of the estate but does not actually claim it, he is entitled to recover the contribution.

[MARCIANUS libro tertio regularum. ] §12.4.13.prSi filius contulerit fratri quasi adgniturus bonorum possessionem et non adgnouit, repetere eum posse Marcellus libro quinto digestorum scribit.
[MARCIANUS, Third Book of Rules.] If a son has made a contribution to his brother, as if he were about to claim possession of the estate, and has not claimed it, Marcellus writes in the fifth book of the Digests that he can recover it.

Notes

  1. §12.4.13.prquasi adgniturus — The conjunction quasi combined with the future active participle adgniturus (from adgnoscere, 'to acknowledge' or 'to claim') expresses the subject's intention or subjective purpose ('as if about to claim'). In legal context, bonorum possessionem adgnoscere means to claim or apply for the possession of the estate.
  2. §12.4.13.prrepetere eum posse — An accusative with infinitive clause (indirect speech) depending on the main verb scribit ('writes'). The pronoun eum serves as the subject accusative of the infinitive posse, referring back to the filius (the son) in the conditional clause. The demonstrative eum is used instead of the reflexive se because from the viewpoint of the main clause subject (Marcellus), the son is a third party.

Cite this passage

Justinian I, The Digest of Justinian §12.4.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.4.13.pr

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