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Justinian I · The Digest of Justinian §30.1.58.pr

Restitution of Rebuilt Inherited Houses and Expenses

Passage 4654 of 9271 · Latin

Summary

Papinian replies that inherited houses burnt down and rebuilt at the heir's expense must, when restored under a fideicommissum after the heir's death, be settled by the arbitration of an honorable man, taking into account the deduction of expenses and the age of the buildings.

[PAPINIANUS libro nono responsorum. ] §30.1.58.prDomus hereditarias exustas et heredis nummis exstructas ex causa fideicommissi post mortem heredis restituendas uiri boni arbitratu sumptuum rationibus deductis et aedificiorum aetatibus examinatis respondi,
[PAPINIAN, Book 9 of Responses.] I replied that the houses belonging to an inheritance, which had been burnt down and rebuilt with the heir's own money, must be restored after the death of the heir in accordance with a fideicommissum, subject to the arbitration of an honorable man, after deducting the accounts of the expenses and examining the age of the buildings.

Notes

  1. 30.1.58.prdomus ... restituendas ... respondi — An accusative and infinitive construction (indirect speech) introduced by the main verb `respondi` ("I replied"), where `domus` (houses, feminine plural accusative) functions as the subject and the gerundive `restituendas` (feminine plural accusative, with `esse` omitted) expresses obligation.
  2. 30.1.58.prsumptuum rationibus deductis et aedificiorum aetatibus examinatis — Two ablative absolute clauses connected by `et`. They express the specific conditions of deduction and assessment to be met upon restoration: "the accounts of the expenses having been deducted" and "the ages of the buildings having been examined."

Cite this passage

Justinian I, The Digest of Justinian §30.1.58.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.58.pr

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