Humanitext Reader

Justinian I · The Digest of Justinian §18.4.14.pr-18.4.14.1

Transfer of Actions in Sale of Debt and Delivery of Inheritance

Passage 2712 of 9271 · Latin

Summary

Paulus states that anyone selling claims against a son in power must transfer the actions against the father, and that in the sale of an inheritance, the seller must deliver the inherited property regardless of its size.

[IDEM libro trigesimo tertio ad edictum. ] §18.4.14.prQui filii familias nomina uendidit, actiones quoque quas cum patre habet praestare debet.
[THE SAME, On the Edict, book 33.] He who has sold the claims against a son in power must also make over the actions which he has against the father.
§18.4.14.1Si hereditas uenierit, uenditor res hereditarias tradere debet: quanta autem hereditas est, nihil interest,
If an inheritance is sold, the seller must deliver the hereditary things; but it makes no difference how large the inheritance is,

Notes

  1. §18.4.14.prfilii familias nomina — filii familias is the genitive singular of the noun filius familias (a son under paternal power). nomina is the accusative plural of nomen (entry in a ledger, hence "debt" or "claim"). Together, it refers to "claims against a son-in-power".
  2. §18.4.14.prcum patre — The preposition cum (with) here indicates the opposing party in a legal action; thus actiones habere cum patre means "to have actions against the father." Since a son-in-power generally cannot hold independent property, liability arising from his acts may fall on the father (paterfamilias), which gives rise to actions against him.
  3. §18.4.14.1uenierit — This is the perfect form (either future perfect or perfect subjunctive) of the semi-irregular verb ueneo (to be sold), which serves as the passive of uendo (to sell), not to be confused with uenio (to come). Thus, si hereditas uenierit means "if an inheritance is sold."

Cite this passage

Justinian I, The Digest of Justinian §18.4.14.pr-18.4.14.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.4.14.pr-18.4.14.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.