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Justinian I · The Digest of Justinian §35.2.24.pr-35.2.24.2

Withdrawn Property Offspring of Slaves and Fruits

Passage 5469 of 9271 · Latin

Summary

Paulus determines the method of computation under the Falcidian law for assets withdrawn from an inheritance, the ownership and computation of the offspring of female slaves born before the trust is due, and the exclusion of fruits from the heir's own bequeathed property from the calculation of the fourth.

[PAULUS libro quarto decimo responsorum respondit. ] §35.2.24.prFalcidiae legis rationem si haberi oportet, ita habendam, ac si hae res, quae ab herede subtractae sunt, in hereditate relictae non fuissent. §35.2.24.1Idem respondit partus ancillarum ante diem fideicommissi editos ad heredes eius qui rogatus est pertinere eosque in quartam et quartae fructus computandos, si de lege Falcidia quaestio intercedat. §35.2.24.2Idem respondit fructus ex propria re heredis, quae legata est, post diem fideicommissi cedentem perceptos, etsi non sint restituendi fideicommissario, heredi in quartam imputari non solere.
[PAULUS, in his fourteenth book of Responses, replied.] a computation under the Falcidian law must be made, it must be so made as if those things, which were withdrawn from the heir, had not been left in the inheritance. also replied that the offspring of female slaves born before the day the trust becomes due belong to the heirs of the person requested to perform the trust, and that they must be computed in the fourth and the fruits of the fourth, if a question should arise concerning the Falcidian law. also replied that the fruits gathered from the heir's own property which was bequeathed, after the day the trust becomes due, even if they do not have to be restored to the beneficiary of the trust, are not customary to be imputed to the heir towards his fourth.

Notes

  1. 35.2.24.prhabendam — habendam is a gerundive with esse omitted (habendam [esse]), forming part of an accusative with infinitive (A.C.I.) construction governed by respondit at the very beginning of the fragment. Its subject accusative is rationem.
  2. 35.2.24.1rogatus est — rogatus est (literally 'was requested') is a technical term in the context of trusts (fideicommissum) referring to the person who was requested to perform the trust, in this case, the heir charged with the duty of executing the trust.
  3. 35.2.24.2fructus — fructus is an accusative noun that is modified by several phrases and clauses extending to the latter half of the sentence, serving as the subject accusative of the infinitive non solere in indirect discourse.

Cite this passage

Justinian I, The Digest of Justinian §35.2.24.pr-35.2.24.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.24.pr-35.2.24.2

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