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Justinian I · The Digest of Justinian §32.0.47.pr-32.0.47.1

Prior Goods and the Distinction between Bought and Prepared

Passage 4871 of 9271 · Latin

Summary

It explains the criteria for whether things acquired before marriage or belonging to a former wife are included in a bequest to a subsequent wife, and discusses the legal distinction between "purchased" and "prepared" items.

[ULPIANUS libro uicesimo secundo ad Sabinum. ] §32.0.47.prSi quid earum rerum ante comparauit quam uxorem duxit, si id ei ut uteretur tradidit, perinde est, quasi postea parauisset.
[ULPIANUS, from the twenty-second book on Sabinus.] If he acquired any of those things before he married, and delivered it to her for her use, it is just as if he had prepared it afterwards.
ex eo autem legato ea pertinent ad uxorem, quae eius causa empta comparata quaeque retenta sunt: in quibus etiam quae prioris uxoris quaeque filiae neptis uel nurus fuerunt continentur.
Moreover, from that bequest, those things belong to the wife which were bought, prepared, and retained for her sake: in which are also included those things which belonged to a former wife, a daughter, a granddaughter, or a daughter-in-law.
§32.0.47.1Inter emptum et paratum quid interest, quaeritur: et responsum est in empto paratum inesse, in parato non continuo emptam contineri: ueluti si quis quae prioris uxoris causa emisset, posteriori uxori tradidisset, eas res eum posterioris uxoris causa parauisse, non emisse constat.
It is asked what is the difference between "purchased" and "prepared": and it was answered that what is "prepared" is inherent in what is "purchased", but what is "purchased" is not necessarily contained in what is "prepared": as, for example, if anyone had purchased certain things for the sake of a former wife and delivered them to a subsequent wife, it is established that he prepared those things for the sake of the subsequent wife, but did not purchase them.
ideoque quamuis maritus posterioris uxoris causa nihil emerit, tamen tradendo quae prior habuerit, eius causa parata sunt.
And therefore, although the husband purchased nothing for the sake of the subsequent wife, yet by delivering what the former wife had, they are prepared for her sake.
etsi ei adsignata non sunt, legato cedunt: at quae prioris uxoris causa parata sunt, ita posteriori debentur, si ei adsignata sint, quia non est ita de posteriore uxore cogitatum, cum compararentur.
Even if they have not been assigned to her, they go to the bequest: but those things which were prepared for the sake of the former wife are due to the subsequent wife only if they have been assigned to her, because she was not thus thought of when they were acquired.

Notes

  1. §32.0.47.prperinde est, quasi — A comparative conditional clause constructed with "quasi" and the pluperfect subjunctive ("parauisset"), meaning "just as if he had prepared it afterwards."
  2. §32.0.47.1non continuo — Forms a partial negation meaning "not necessarily" or "not as a matter of course," indicating that what is "prepared" (paratum) does not always include what is "purchased" (emptum/emptam).
  3. §32.0.47.1ita... si — A correlative construction expressing a restrictive condition, meaning "only if" or "on the condition that."

Cite this passage

Justinian I, The Digest of Justinian §32.0.47.pr-32.0.47.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.47.pr-32.0.47.1

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