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Justinian I · The Digest of Justinian §17.2.10.pr

Reasons for Excluding Inheritance from Partnership Gain

Passage 2512 of 9271 · Latin

Summary

Paulus provides an additional reason for the exclusion of inheritance, stating that it comes to us from a parent or a freedman as if it were a debt.

[PAULUS libro sexto ad Sabinum. ] §17.2.10.pret quia plerumque uel a parente uel a liberto quasi debitum nobis hereditas obuenit:
[PAULUS in his sixth book on Sabinus] and because, for the most part, an inheritance comes to us from either a parent or a freedman as if it were a debt.

Notes

  1. §17.2.10.pret quia — This clause, extracted from a different work (Paulus's book 6 on Sabinus), is logically connected by the conjunction "et" to the "ideo, quia" clause in the preceding fragment by Ulpian (D. 17.2.9.pr), providing an additional reason why Sabinus did not include inheritances.
  2. §17.2.10.prquasi debitum — A neuter noun (debitum) functioning as a predicative nominative with the verb "obuenit". It indicates that inheritance from a parent (parens) or from a freedman (libertus) to their former master (patronus) arises as a moral or legal "due debt" rather than as a windfall.

Cite this passage

Justinian I, The Digest of Justinian §17.2.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.10.pr

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