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Justinian I · The Digest of Justinian §33.6.3.pr-33.6.3.1

Duty to Provide Bequeathed Wine and Inclusion of Vessels

Passage 5044 of 9271 · Latin

Summary

The passage discusses the heir's obligation to provide wine when none is left by the deceased, and the criteria for determining whether wine vessels (such as amphorae, dolia, and cuppae) are deemed to be bequeathed along with the wine.

[ULPIANUS libro uicesimo tertio ad Sabinum. ] §33.6.3.prSi cui uinum sit legatum centum amphorarum, cum nullum uinum reliquisset, uinum heredem empturum et praestaturum, non acetum, quod uini numero fuit.
[ULPIANUS libro uicesimo tertio ad Sabinum.] If a legacy of one hundred amphorae of wine has been bequeathed to someone, although the testator left no wine, the heir must purchase and provide wine, not vinegar, even if it was counted as wine.
§33.6.3.1Si uinum legatum sit, uideamus, an cum uasis debeatur.
If wine is bequeathed, let us see whether it is due along with the vessels.
et Celsus inquit uino legato, etiamsi non sit legatum cum uasis, uasa quoque legata uideri, non quia pars sunt uini uasa, quemadmodum emblemata argenti (scyphorum forte uel speculi), sed quia credibile est mentem testantis eam esse, ut uoluerit accessioni esse uino amphoras: et sic, inquit, loquimur habere nos amphoras mille, ad mensuram uini referentes.
And Celsus says that when wine is bequeathed, even if it is not bequeathed with the vessels, the vessels also are deemed to be bequeathed; not because the vessels are part of the wine, as are the decorations of silver (for instance, of cups or of a mirror), but because it is credible that the intention of the testator was such that he wished the amphorae to be an accession to the wine. And thus, he says, we speak of our having a thousand amphorae, referring to the measure of the wine.
in doliis non puto uerum, ut uino legato et dolia debeantur, maxime si depressa in cella uinaria fuerint aut ea sunt, quae per magnitudinem difficile mouentur.
In the case of large jars (dolia), I do not think it is true that when wine is bequeathed, the jars are also due, especially if they have been sunk into the wine cellar, or are such as are difficult to move because of their size.
in cuppis autem siue cuppulis puto admittendum et ea deberi, nisi pari modo immobiles in agro uelut instrumentum agri erant.
But in the case of casks (cuppae) or small casks (cuppulae), I think it should be admitted that they also are due, unless they were in like manner immovable on the land as if they were part of the equipment of the land.
uino legato utres non debebuntur: nec culleos quidem deberi dico.
When wine is bequeathed, leather bottles (utres) will not be due; and I say that not even large leather sacks (cullei) are due.

Notes

  1. §33.6.3.pruinum heredem empturum et praestaturum — The main verb (such as opinatur, respondit, or oportet) is omitted, leaving an accusative with infinitive construction (empturum [esse] et praestaturum [esse]) where heredem functions as the subject. It states the obligation of the heir to purchase and deliver wine to fulfill the legacy.
  2. §33.6.3.1accessioni esse uino — A double dative construction. accessioni is the dative of purpose ('to serve as an accession'), and uino is the dative of reference ('to the wine'), meaning 'to serve as an accession to the wine.'
  3. §33.6.3.1non puto uerum, ut... debeantur — An accusative with infinitive construction led by non puto, where uerum (esse) acts as the predicate and the ut-clause serves as the substantive subject. It expresses the denial of the legal validity of the proposition 'that... are also due.'

Cite this passage

Justinian I, The Digest of Justinian §33.6.3.pr-33.6.3.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.6.3.pr-33.6.3.1

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