Justinian I · The Digest of Justinian §2.14.52.pr-2.14.52.3
Agreements on Recovery of Pledged Land, Taxes, and Heirs
Summary
From Ulpian's Opinions, book 1. On the invalidity of a letter declaring someone as a co-heir to grant an action against possessors of estate property, the binding force on heirs of an agreement regarding the recovery of a pledged estate, the validity of agreements on the tax burden of pledged land, and the rejection of a petition to extend a temporary settlement concerning an undutiful will to a perpetual payment.
Notes
- §2.14.52.1quasi debitoris negotium gereret — The imperfect subjunctive gereret is used with the conjunction quasi ("as if") in secondary sequence relative to placuit, indicating a hypothetical assumption that the buyer acted with the intent or appearance of managing the debtor's business.
- §2.14.52.3De inofficioso patris testamento acturis — Acturis is the dative plural of the future active participle of agere ("to bring an action"). It functions as the indirect object of the main verb pactus est ("made an agreement"), meaning "with those who were about to bring an action (against the undutiful will of their father)." The unexpressed subject of pactus est is the heir (heres) mentioned in the context.
- §2.14.52.3produci ad perpetuam praestationem id pactum postulabatur — The subject of the passive imperfect postulabatur ("it was demanded") is the accusative and infinitive clause "id pactum produci" ("that this agreement be extended"), forming the structure "it was demanded that this agreement be extended to a perpetual payment."
Cite this passage
Justinian I, The Digest of Justinian §2.14.52.pr-2.14.52.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.52.pr-2.14.52.3
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