Justinian I · The Digest of Justinian §31.0.35.pr

Bequest for Wife's Use and Slaves in Common Use

Passage 4762 of 9271 · Latin

Summary

Modestinus rules that when things provided for a wife's use are bequeathed to her, slaves intended for common use rather than her private use are not included in the bequest.

[IDEM libro sexto decimo responsorum. ] §31.0.35.prRespondit legatis uxori quae usus eius causa parata sunt, eos seruos ad eam non pertinere, qui non proprii ipsius, sed communis usus causa parati sunt.

[The same, in the sixteenth book of Responses.] He replied that when things which were provided for the sake of her use are bequeathed to a wife, those slaves who were provided not for her own private use but for the sake of common use do not belong to her.

Notes

31.0.35.prlegatis uxori quae usus eius causa parata sunt — legatis can be interpreted as an ablative absolute with the omission of rebus ('when things... are bequeathed'), or as a dative legatis [rebus] with the clause quae... acting in apposition. It is most naturally understood here as an ablative absolute indicating the condition: 'when [things] which had been provided... were bequeathed to a wife.'

Cite this passage

Justinian I, The Digest of Justinian §31.0.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:31.0.35.pr

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