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Justinian I · The Digest of Justinian §33.6.10.pr

Criteria for Bequest of Old Wine and Testator's Custom

Passage 5051 of 9271 · Latin

Summary

Explains that when "old wine" is bequeathed, the determination depends on the testator's personal custom regarding how many years old a wine had to be to be used as "old," and introduces the case where this custom is unclear.

[HERMOGENIANUS libro secundo iuris epitomarum. ] §33.6.10.prex usu testatoris legatum aestimabitur, id est quot annorum uino pro uetere utebatur.
[HERMOGENIANUS, Epitomes of Law, Book 2] the legacy will be determined according to the practice of the testator, that is, how many years old the wine was which he used to use as old wine.
quod si non appareat,
But if this is not apparent,

Notes

  1. §33.6.10.prex usu — The prepositional phrase `ex usu` means "according to the practice/habit". Here it refers to the subjective standard of how the testator customarily defined and used "old wine."
  2. §33.6.10.prquot annorum uino ... utebatur — The ablative `uino` is the object of the verb `utebatur` (third-person singular imperfect indicative of `utor`), which governs the ablative case. `quot annorum` is a genitive of quality modifying `uino`, meaning "of how many years" (i.e., how old). This phrase forms an indirect question.
  3. §33.6.10.prquod si non appareat — `quod` is a linking relative pronoun referring to the preceding clause (the testator's habit), with `quod si` meaning "but if". `appareat` is the third-person singular present subjunctive, expressing a hypothetical condition.

Cite this passage

Justinian I, The Digest of Justinian §33.6.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.6.10.pr

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