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Justinian I · The Digest of Justinian §33.7.9.pr

Flocks of Sheep as Estate Equipment by Purpose

Passage 5066 of 9271 · Latin

Summary

Paulus explains the distinction regarding whether a flock of sheep is included in the equipment of an estate, based on whether it was acquired to obtain fruit from the flock itself or to utilize the pasture-land.

[PAULUS libro quarto ad Sabinum. ] §33.7.9.prDe grege ouium ita distinguendum est, ut, si ideo comparatus sit, ut ex eo fructus caperetur, non debeatur: si uero ideo, quia non aliter ex saltu fructus percipi poterit, contra erit, quia per greges fructus ex saltu percipiuntur.
[PAULUS on Sabinus, Book IV.] Regarding a flock of sheep, a distinction must be made as follows: if it was acquired for the purpose of obtaining fruit from the flock itself, it is not due; but if for the reason that otherwise fruit could not be gathered from the pasture-land, the contrary will be the case, because the fruits of pasture-land are gathered by means of flocks.

Notes

  1. 33.7.9.prdebeatur — In the context of a legacy (legatum), this refers to whether the heir is obligated (debere) to deliver the item to the legatee as part of the 'equipment' (instrumentum) of the bequeathed land. Here it means 'it is not due'.
  2. 33.7.9.prcontra erit — 'The contrary will be the case' indicates that the conclusion will be the opposite of the preceding non debeatur, meaning 'it is due (as part of the equipment)'.

Cite this passage

Justinian I, The Digest of Justinian §33.7.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.7.9.pr

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