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Justinian I · The Digest of Justinian §34.1.1.pr

Legacy of maintenance and inclusion of water

Passage 5137 of 9271 · Latin

Summary

It states that if maintenance is bequeathed, water can also be considered included in the legacy, provided it was bequeathed in a region where water is customarily sold.

[ULPIANUS libro quinto de omnibus tribunalibus. ] §34.1.1.prSi alimenta fuerint legata, dici potest etiam aquam legato inesse, si in ea regione fuerint legata, ubi uenumdari aqua solet.
[ULPIAN, in his fifth book on All Tribunals.] If maintenance has been bequeathed, it can be said that water also is included in the legacy, if it was bequeathed in a region where water is customarily sold.

Notes

  1. §34.1.1.pretiam aquam legato inesse — The accusative aquam is the subject accusative of the infinitive inesse, and this accusative with infinitive clause functions as the subject of the passive infinitive dici. legato is the dative governed by inesse.
  2. §34.1.1.prfuerint legata — The verb is plural because its subject is the preceding neuter plural noun alimenta (maintenance). The tense is perfect passive subjunctive (or future perfect passive indicative), expressing a hypothetical condition.

Cite this passage

Justinian I, The Digest of Justinian §34.1.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.1.1.pr

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