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Justinian I · The Digest of Justinian §29.2.83.pr

Denial of Accrual to Heir Bound to Restore Estate

Passage 4486 of 9271 · Latin

Summary

Ulpian explains that an heir who is tacitly requested to restore the whole or part of the inheritance does not receive any accrual of other portions, because they are not deemed to hold the property.

[ULPIANUS libro octauo decimo ad legem Iuliam et Papiam. ] §29.2.83.prSi totam an partem, ex qua quis heres institutus est, tacite rogatus sit restituere, apparet nihil ei debere adcrescere, quia rem non uidetur habere.
[ULPIANUS, from the eighteenth book On the Lex Julia et Papia.] If a person is tacitly requested to restore the whole or the part in respect of which he has been instituted as heir, it is clear that nothing ought to accrue to him, because he is not deemed to have the property.

Notes

  1. §29.2.83.prtotam an partem, ex qua quis — The feminine adjectives totam (the whole) and partem (the part) imply a feminine noun such as portionem or hereditatem, which serves as the antecedent of the relative pronoun qua. The indefinite pronoun quis (someone, a person) is the subject of the relative clause and refers to the same person who is the implied subject of the main subjunctive verb rogatus sit.
  2. §29.2.83.prnihil ei debere adcrescere — An accusative with infinitive (AcI) construction serving as the subject of the impersonal verb apparet ("it is clear"). nihil ("nothing") functions as the subject accusative of debere, and the infinitive adcrescere ("to accrue") refers to the right of accrual (ius accrescendi).
  3. §29.2.83.prrem non uidetur habere — The verb uidetur is the third-person singular present passive of uideri ("to seem, to be deemed") used in a personal construction. The implied subject is the heir (ei) who was requested to restore the property, indicating that he is not legally deemed to hold the substance of the property (rem).

Cite this passage

Justinian I, The Digest of Justinian §29.2.83.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.83.pr

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