Humanitext Reader

Justinian I · The Digest of Justinian §33.10.13.pr

Legacy of Household Goods and Claim to Habitation

Passage 5135 of 9271 · Latin

Summary

Modestinus replies that the bequest of household goods does not imply the bequest of the habitation where they were kept, and that the widow's claim to the habitation is contrary to the deceased's will.

[MODESTINUS libro nono responsorum. ] §33.10.13.prRespondit: numquam ex eo, quod supellectilem legauit maritus testamento, habitationem, in qua supellex fuit, legasse uidetur.
[MODESTINUS, in his ninth book of Responses.] He replied: It is never the case that, from the fact that a husband has bequeathed household goods in his will, he is deemed to have bequeathed the habitation in which the household goods were.
quare contra defuncti uoluntatem habitationem sibi mulierem uindicare procul dubio est.
Therefore, for the woman to claim the habitation for herself is without doubt against the deceased's will.

Notes

  1. §33.10.13.prex eo, quod — A construction consisting of the demonstrative pronoun eo (object of the preposition ex) and an appositive quod clause expressing a fact ("the fact that..."), meaning "from the fact that...".
  2. §33.10.13.prhabitationem sibi mulierem uindicare — An accusative-and-infinitive clause. mulierem is the subject accusative, habitationem is the direct object, and sibi is the dative of interest, all depending on the infinitive uindicare. The entire clause functions as the subject of the sentence ("for the woman to claim the habitation for herself").
  3. §33.10.13.prcontra defuncti uoluntatem ... procul dubio est — contra defuncti uoluntatem ... est (is against the deceased's will) forms the predicate, with the parenthetical adverbial expression procul dubio (without doubt) modifying est. Taking the subject accusative-and-infinitive clause, it means "for ... to claim ... is without doubt against the deceased's will."

Cite this passage

Justinian I, The Digest of Justinian §33.10.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.10.13.pr

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