Humanitext Reader

Justinian I · The Digest of Justinian §29.5.22.pr

Treasury Claims Surviving the Death of Negligent Heir

Passage 4568 of 9271 · Latin

Summary

In a case where an heir who failed to prosecute the decedent's death subsequently died, and a reporter claimed the estate for the treasury, Paulus responds that because the matter is pecuniary, the liability is not extinguished by the heir's death.

[PAULUS libro sexto decimo responsorum. ] §29.5.22.prGaius Seius cum languesceret, questus est se ueneno occidi a seruo suo et sic exspirauit: cui heres exstitit Lucia Titia soror et mortem eius exsequi neglexit et ipsa post annum decimum decessit: exstitit qui bona nuntiaret Gaii Seii: quaero, an morte Titiae extinctum sit crimen.
[PAULUS in his sixteenth book of Opinions.] Gaius Seius, when he was falling ill, complained that he was being killed by poison by his own slave, and so expired. His sister Lucia Titia stood as his heir, but she neglected to prosecute his death, and she herself died after ten years. A person appeared to report the property of Gaius Seius (to the treasury). I ask whether the crime was extinguished by the death of Titia.
Paulus respondit causam, de qua quaeritur, cum sit pecuniaria, morte ingratae heredis extinctam non uideri.
Paulus answered that the case in question, since it is pecuniary, does not seem to have been extinguished by the death of the ungrateful heir.

Notes

  1. §29.5.22.prbona nuntiaret — Meaning 'to report property (to the treasury as subject to confiscation)'. The imperfect subjunctive 'nuntiaret' with the relative 'qui' forms a relative clause of characteristic or purpose, describing the type of person who came forward.
  2. §29.5.22.prcausam... morte ingratae heredis extinctam non uideri — An accusative and infinitive construction dependent on the main verb 'Paulus respondit'. 'causam' is the subject accusative, and 'extinctam [esse] uideri' is the predicate. The passive 'uideri' means 'to seem' or 'to be deemed'. The causal clause 'cum sit pecuniaria' (since it is of a pecuniary nature) provides the ground for why the case (the forfeiture of the estate to the treasury) is not extinguished by the death of the heir.

Cite this passage

Justinian I, The Digest of Justinian §29.5.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.5.22.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.