Justinian I · The Digest of Justinian §29.2.91.pr

Purchase of an Estate via a Proxy and Intermeddling

Passage 4494 of 9271 · Latin

Summary

An opinion of Paulus stating that if an heir who renounced an inheritance purchases the father's estate through a dummy buyer, they must be sued by creditors as if they had directly intermeddled with the estate.

[IDEM libro quinto decimo responsorum. ] §29.2.91.prRespondit, si is qui bonis paternis se abstinuit per suppositam personam emptoris bona patris mercatus probatur, perinde eum conueniri oportere a creditoribus atque si bonis paternis se inmiscuisset.

[THE SAME, from the fifteenth book of Opinions.] He answered that if he who abstained from his father's estate is proved to have purchased the father's goods through a dummy buyer, he ought to be sued by the creditors in the exact same manner as if he had intermeddled with his father's estate.

Notes

§29.2.91.prmercatus probatur — A personal construction where the passive verb `probatur` is accompanied by the perfect participle `mercatus` (in the nominative) of the deponent verb `mercor`, functioning as a subjective complement or a perfect infinitive with `esse` omitted. It translates to 'he is proved to have purchased'.
§29.2.91.prperinde ... atque si ... se inmiscuisset — A comparison between two contrasting legal states: renouncing the inheritance (`se abstinere`) and intermeddling with the estate (`se immiscere`). `perinde ... atque si` (just as if) indicates that the heir, despite having formally renounced, should be held liable as if they had intermeddled. The verb `se inmiscuisset` is in the pluperfect subjunctive, representing a counterfactual condition.

Cite this passage

Justinian I, The Digest of Justinian §29.2.91.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.91.pr

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