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Justinian I · The Digest of Justinian §30.1.61.pr

House Repair Expenses Incurred before Fulfillment of Legacy Condition

Passage 4657 of 9271 · Latin

Summary

Papinian's opinion that the necessary expenses incurred by a legatee for repairing a house prior to the fulfillment of the condition should not be credited to them when they claim the legacy after the condition has materialized.

[PAPINIANUS libro nono responsorum. ] §30.1.61.prSumptus autem in reficienda domu necessarios a legatario factos petenti ei legatum, cuius postea condicio exstitit, non esse reputandos existimaui.
[PAPINIAN, Book 9 of Opinions.] However, I was of the opinion that the necessary expenses incurred by the legatee in repairing the house should not be credited to him when he claims the legacy, the condition of which subsequently materialized.

Notes

  1. 30.1.61.prSumptus ... necessarios a legatario factos ... non esse reputandos — An accusative and infinitive construction governed by the main verb existimaui ('I was of the opinion'). The phrase sumptus... necessarios... factos ('necessary expenses incurred by the legatee') serves as the subject accusative of the passive periphrastic infinitive non esse reputandos ('should not be credited/reckoned').
  2. 30.1.61.prpetenti ei — A dative phrase consisting of the demonstrative pronoun ei modified by the present participle petenti ('to him who claims'). It functions as a dative of reference/interest with non esse reputandos, indicating to whose account or for whom the expenses are not to be credited.

Cite this passage

Justinian I, The Digest of Justinian §30.1.61.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.61.pr

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