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Justinian I · The Digest of Justinian §24.1.17.pr-24.1.17.1

Fruits of Donated Estates and Acquisitions by Donated Slaves

Passage 3527 of 9271 · Latin

Summary

The passage discusses whether the fruits of donated estates fall within the scope of prohibited donations to be returned, and addresses the ownership of property acquired by a donated slave.

[ULPIANUS libro trigesimo secundo ad Sabinum. ] §24.1.17.prDe fructibus quoque uideamus, si ex fructibus praediorum quae donata sunt locupletata sit, an in causam donationis cadant.
[ULPIANUS libro trigesimo secundo ad Sabinum.] Let us also consider the fruits, whether, if she has been enriched by the fruits of the estates which were donated, they fall into the case of the donation.
et Iulianus significat fructus quoque ut usuras licitam habere donationem.
And Julian indicates that, with respect to fruits also, just as with interest, the donation is valid.
§24.1.17.1Sed si quid seruus donatus adquisiit, ad eum qui donauit pertinebit.
But if a donated slave has acquired anything, it will belong to the one who made the donation.

Notes

  1. §24.1.17.pran in causam donationis cadant — The subjunctive verb `cadant` (third-person plural) in the indirect question introduced by `an` has `fructus` (fruits, implied from the preceding clause) as its subject. The phrase `causa donationis` refers to the scope or legal ground of the donation subject to recovery.
  2. §24.1.17.prfructus quoque ut usuras licitam habere donationem — An accusative with infinitive (AcI) construction serving as the object of the main verb `significat`. `donationem` is the subject accusative of the infinitive, and `licitam habere` (to be held valid) forms the predicate. The phrase `fructus quoque ut usuras` is understood as an accusative of specification ('as to fruits also, just as with interest').

Cite this passage

Justinian I, The Digest of Justinian §24.1.17.pr-24.1.17.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.17.pr-24.1.17.1

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