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Justinian I · The Digest of Justinian §22.1.8.pr

Offspring of Bequeathed Horses After Default in Fideicommissa

Passage 3168 of 9271 · Latin

Summary

This section rules that for horses left by a fideicommissum, after default, their offspring must be delivered as fruits, while the second-generation offspring must be delivered as accessories, similar to the child of a female slave.

[IDEM libro septimo responsorum. ] §22.1.8.prEquis per fideicommissum relictis post moram fetus quoque praestabitur ut fructus, sed fetus secundus ut causa, sicut partus mulieris.
[THE SAME, Opinions, Book 7] In the case of horses left by way of fideicommissum, after default, the offspring also shall be furnished as fruit, but the second offspring as an accessory, just like the offspring of a female slave.

Notes

  1. §22.1.8.prEquis per fideicommissum relictis — Ablative absolute phrase setting the condition or subject matter of the ruling ("In the case of horses left by way of fideicommissum").
  2. §22.1.8.prfetus secundus — "The second offspring" refers to the offspring of the first offspring (the second generation, or grand-offspring), as distinguished from the immediate offspring.
  3. §22.1.8.prcausa — A technical legal term in Roman law, referring to accessories or benefits connected to the principal object which must be restored or delivered, distinguished from strict "fructus".
  4. §22.1.8.prpartus mulieris — A reference to the famous Roman legal rule that the offspring of a female slave is not classified as "fructus" (fruit) but is instead treated as a "causa" (accessory) or part of the property itself.

Cite this passage

Justinian I, The Digest of Justinian §22.1.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.1.8.pr

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