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Justinian I · The Digest of Justinian §31.0.71.pr

Restitution of Residue and Assets Bought with Proceeds

Passage 4798 of 9271 · Latin

Summary

Explains that when a person obliged to restore what remains of an inheritance sells an asset and purchases another, the newly acquired item must be restored in place of the original property.

[IDEM libro octauo responsorum. ] §31.0.71.prsed quod inde comparatum est, uice permutati dominii restitueretur.
[BY THE SAME AUTHOR, in the eighth book of Opinions.] but what was purchased therefrom would be restored in place of the exchanged ownership.

Notes

  1. 31.0.71.prrestitueretur — Subjunctive imperfect passive. It functions as the verb of the apodosis under the hypothetical condition continued from the Cum clause of the preceding fragment (31.0.70.3), expressing a duty/necessity ("should be restored") or a hypothetical consequence ("would be restored").
  2. 31.0.71.pruice permutati dominii — The ablative uice of the noun uix (turn, place), taking the genitive permutati dominii, functions as a prepositional phrase meaning "in place of" or "instead of."

Cite this passage

Justinian I, The Digest of Justinian §31.0.71.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:31.0.71.pr

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