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Justinian I · The Digest of Justinian §32.0.44.pr

Exclusion of Temporary Items and Loan Funds from Estate Bequests

Passage 4868 of 9271 · Latin

Summary

This section explains the legal principle that when an estate is bequeathed with its contents, items placed there temporarily or funds kept for the purpose of lending are not included in the bequest.

[POMPONIUS libro secundo ad Sabinum. ] §32.0.44.prSi fundus legatus sit cum his quae ibi erunt, quae ad tempus ibi sunt non uidentur legata: et ideo pecuniae, quae faenerandi causa ibi fuerunt, non sunt legatae.
[POMPONIUS, from the second book on Sabinus.] If an estate is bequeathed with those things which will be there, those things which are there temporarily are not considered to be bequeathed; and therefore, moneys which were there for the purpose of lending are not bequeathed.

Notes

  1. §32.0.44.prad tempus — An adverbial phrase composed of the preposition ad and the accusative tempus, meaning here "temporarily" or "for the time being." It serves as a criterion to distinguish between assets permanently attached to the estate and chattels merely placed there on a temporary basis.
  2. §32.0.44.prfaenerandi causa — A construction where the genitive of the gerund faenerandi (from the verb faenerari, "to lend money at interest") modifies the ablative causa ("for the sake of, for the purpose of"). It specifies the purpose for which the moneys (pecuniae) were kept on the estate, demonstrating that they were there temporarily for investment purposes unrelated to the management or cultivation of the estate.

Cite this passage

Justinian I, The Digest of Justinian §32.0.44.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.44.pr

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