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Justinian I · The Digest of Justinian §33.6.5.pr

Wine Bequest from Estate and Cap by Actual Yield

Passage 5046 of 9271 · Latin

Summary

This text rules that when a specific quantity of wine from a certain estate is bequeathed and the actual yield is less than that quantity, the actual production serves as a limit, and no more than that is due.

[IULIANUS libro quinto decimo digestorum. ] §33.6.5.prCum certus numerus amphorarum uini legatus esset ex eo, quod in fundo Semproniano natum esset, et minus natum esset, non amplius deberi placuit et quasi taxationis uicem optinere haec uerba 'quod natum erit'.
[IULIANUS libro quinto decimo digestorum.] When a certain number of amphorae of wine was bequeathed from that which was produced on the Sempronian estate, and less was produced, it was held that no more is due, and that these words 'which shall have been produced' hold, as it were, the place of a limitation.

Notes

  1. §33.6.5.prplacuit — Used impersonally to mean 'it was held' or 'it was determined'. It governs two accusative-with-infinitive (A.c.I.) clauses: [1] 'non amplius deberi' and [2] '(quasi...) optinere haec uerba'.
  2. §33.6.5.prquasi taxationis uicem optinere haec uerba 'quod natum erit' — An accusative-with-infinitive clause where 'haec uerba' is the subject accusative of the infinitive 'optinere'. 'uicem' (accusative of 'uicis', meaning 'role' or 'stead') is the object of 'optinere', and 'taxationis' (genitive of 'taxatio', a Roman legal term for 'limitation' or 'maximum limit') modifies 'uicem'. The phrase literally means 'these words... hold, as it were, the role of a limitation'.

Cite this passage

Justinian I, The Digest of Justinian §33.6.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.6.5.pr

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