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Justinian I · The Digest of Justinian §2.14.52.pr-2.14.52.3

Agreements on Recovery of Pledged Land, Taxes, and Heirs

Passage 418 of 9271 · Latin

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.

[IDEM libro primo opinionum. ] §2.14.52.prEpistula, qua quis coheredem sibi aliquem esse cauit, petitionem nullam aduersus possessores rerum hereditariarum dabit.
[THE SAME, Opinions, book 1] A letter in which someone has declared that another person is a co-heir with him will give no right of action against the possessors of the estate's property.
§2.14.52.1Si inter debitorem et eum, qui fundum pigneratum a creditore quasi debitoris negotium gereret emerit, placuit ut habita compensatione fructuum solutoque, quod reliquum deberetur, fundus debitori restitueretur: etiam heres pacto, quod defunctus fecit, fidem praestare debet.
If an agreement has been made between a debtor and one who purchased a pledged estate from the creditor as if managing the business of the debtor, to the effect that, after offsetting the fruits and paying what remained due, the estate should be restored to the debtor: the heir also must keep faith with the agreement made by the deceased.
§2.14.52.2Pactum, ut si quas summas propter tributiones praedii pignori nexi factas creditor soluisset, a debitore reciperet, et ut tributa eiusdem praedii debitor penderet, iustum ideoque seruandum est.
An agreement that if the creditor should pay any sums on account of taxes imposed on the land bound by pledge, he should recover them from the debtor, and that the debtor should pay the taxes on the same land, is just and therefore to be observed.
§2.14.52.3De inofficioso patris testamento acturis, ut eis certa quantitas, quoad uiueret heres, praestaretur, pactus est: produci ad perpetuam praestationem id pactum postulabatur: rescriptum est neque iure ullo neque aequitate tale desiderium admitti.
An agreement was made with those who were about to bring an action on account of an undutiful will of their father, that they should be paid a certain amount as long as the heir lived; a demand was made that this agreement should be extended to a perpetual payment; the rescript was that such a request is admitted neither by any law nor by equity.

Notes

  1. §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. §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.
  3. §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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