Humanitext Reader

Justinian I · The Digest of Justinian §25.2.5.pr

Beneficial Action for Property Reaching the Father

Passage 3680 of 9271 · Latin

Summary

Papinian states that even during the daughter's lifetime, any portion of the purloined property that reached the father must be claimed through a beneficial action.

[PAPINIANUS libro undecimo quaestionum. ] §25.2.5.prUiua quoque filia, quod ad patrem ex rebus amotis peruenit, utili iudicio petendum est.
[PAPINIANUS, Questions, book 11.] Even during the lifetime of the daughter, that which has come to the father from the purloined property must be claimed by a beneficial action.

Notes

  1. §25.2.5.prUiua quoque filia — An ablative absolute consisting of the noun `filia` and the adjective `uiua` (acting as a participle). It expresses concession or time: "even when the daughter is alive" or "even during the daughter's lifetime."
  2. §25.2.5.prquod ad patrem ex rebus amotis peruenit — A relative clause introduced by the relative pronoun `quod`. The antecedent (such as `id`) is omitted, and the clause itself functions as the grammatical subject of the gerundive phrase `petendum est` in the main clause.
  3. §25.2.5.prutili iudicio — Ablative of means or manner. It consists of `iudicium` (action/remedy) modified by the adjective `utilis` (useful/beneficial), referring to the *utilis actio* (analogous or equitable action) in Roman law.

Cite this passage

Justinian I, The Digest of Justinian §25.2.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:25.2.5.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.