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Justinian I · The Digest of Justinian §28.5.18.pr

Estates Exceeding an As and Heirs Appointed Without Shares

Passage 4197 of 9271 · Latin

Summary

Regarding the distribution of an estate exceeding one as, Sabinus and Paulus argue that the same rule applied to a single as should also be applied to a dupundius (two asses) and any subsequent amounts for an heir appointed without a share.

[PAULUS libro primo ad uitellium. ] §28.5.18.prSabinus: quaesitum est, si plus asse pater familias distribuisset et aliquem sine parte fecisset heredem, utrumne is assem habiturus foret an id dumtaxat, quod ex dupundio deesset.
[PAULUS libro primo ad uitellium.] Sabinus: The question was raised, if a head of a household had distributed more than an as and had appointed someone as heir without a share, whether that person would have another as, or only that which was missing from a dupundius.
et hanc esse tolerabilissimam sententiam puto, ut eadem ratio in dupondio omnique re deinceps quae in asse seruetur.
And I think that this is the most reasonable opinion, namely, that the same rule is to be observed in a dupundius and every subsequent case as is observed in an as.
PAULUS: eadem ratio est in secundo asse quae in primo.
PAULUS: The same rule applies in the second as as in the first.

Notes

  1. 28.5.18.prplus asse — The noun asse (as) is used in the ablative of comparison with the comparative plus (more), meaning "more than an as".
  2. 28.5.18.prhabiturus foret — A subjunctive imperfect periphrastic form consisting of the future participle habiturus and foret (an alternative form of esset), representing a future action relative to the past main verb (quaesitum est) within the indirect question introduced by utrumne... an...
  3. 28.5.18.prut eadem ratio ... seruetur — A noun clause introduced by ut in apposition to sententiam (opinion), which is pointed to by the demonstrative hanc, explaining its content. The phrase eadem... quae... is a correlative construction ("the same... as...") with seruatur (is observed) understood after quae.

Cite this passage

Justinian I, The Digest of Justinian §28.5.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.5.18.pr

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