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Justinian I · The Digest of Justinian §22.1.46.pr

Deduction of Gathering Expenses from Fruits

Passage 3206 of 9271 · Latin

Summary

Ulpian states the principle that the expenses incurred in gathering and collecting fruits must be deducted from (or diminish) the value of the fruits themselves.

[ULPIANUS libro sexagesimo secundo ad edictum. ] §22.1.46.prQuod in fructus redigendos impensum est, non ambigitur ipsos fructus diminuere debere.
[ULPIANUS, in the sixty-second book on the edict.] It is not doubted that what has been expended on gathering the fruits must diminish the fruits themselves.

Notes

  1. §22.1.46.prQuod in fructus redigendos impensum est — A noun clause introduced by the relative pronoun quod (implying its antecedent: 'that which' or 'what'), which functions as the subject of debere in the indirect speech. The phrase 'in fructus redigendos' is a gerundive construction with the preposition in and the ablative, meaning 'in gathering/collecting the fruits'. The verb redigere here refers to harvesting or converting fruits into realized assets.
  2. §22.1.46.prnon ambigitur ipsos fructus diminuere debere — This forms an accusative with infinitive (AcI) construction following the impersonal passive 'non ambigitur' (it is not doubted / it is certain). The subject of the active infinitive debere is the preceding quod-clause (the expense), and the accusative 'ipsos fructus' is the direct object of the transitive verb diminuere. Thus, the literal structure is 'that [the expense] must diminish the fruits themselves', which legally means that the expenses must be deducted from the gross value of the fruits.

Cite this passage

Justinian I, The Digest of Justinian §22.1.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.1.46.pr

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