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Justinian I · The Digest of Justinian §16.3.25.pr-16.3.25.1

Heir's Duty to Produce and Interest after Default

Passage 2430 of 9271 · Latin

Summary

This section determines the liability of a father's heir to produce things received by the father that were offered to an independent girl, and establishes that a depositary who appropriates unsealed deposited money is liable for interest after default.

[IDEM libro tertio responsorum. ] §16.3.25.prDie sponsaliorum aut postea res oblatas puellae, quae sui iuris fuit, pater suscepit: heres eius ut exhibeat recte conuenietur etiam actione depositi.
[The Same, Opinions, Book 3] On the day of betrothal or afterwards, a father received things offered to a girl who was independent (sui iuris); his heir will be rightly sued, even by the action on deposit, to produce them.
§16.3.25.1Qui pecuniam apud se non obsignatam, ut tantundem redderet, depositam ad usus proprios conuertit, post moram in usuras quoque iudicio depositi condemnandus est.
A person who has converted to his own use money deposited with him unsealed on the condition that he return an equivalent amount, must, after default, be condemned to pay interest as well, in the action on deposit.

Notes

  1. §16.3.25.prpuellae, quae sui iuris fuit — Indicates that the girl was independent (sui iuris) and not under paternal power. Consequently, the father's receipt of the things offered to her is construed not as family-law administration under paternal authority but as a contractual relationship, making the action on deposit applicable.
  2. §16.3.25.prut exhibeat recte conuenietur — conuenietur is the third-person singular future passive of conuenire (to sue), meaning "the heir will be sued." The ut-clause with the present subjunctive exhibeat expresses the purpose of the action (to exhibit/produce the items).
  3. §16.3.25.1ut tantundem redderet — An ut-clause expressing the condition or purpose that "the equivalent amount should be returned," rather than the identical coins deposited (a key requirement for the so-called irregular deposit, depositum irregulare).

Cite this passage

Justinian I, The Digest of Justinian §16.3.25.pr-16.3.25.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.3.25.pr-16.3.25.1

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