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Justinian I · The Digest of Justinian §35.2.48.pr

Eviction after Mutual Succession and Debt under the Lex Falcidia

Passage 5493 of 9271 · Latin

Summary

Discusses whether double or single the amount should be calculated as a debt in the Lex Falcidia computations when a slave is evicted after inheritance has occurred between the buyer and the seller, concluding that calculating the single amount is a more equitable solution.

[PAULUS libro secundo ad edictum aedilium curulium. ] §35.2.48.prCum emptor uenditori uel contra heres exstitit, euicto homine utrum duplum in aes alienum deducere uel computare debeat an simplum? duplum enim esset, si alius heres exstitisset.
[PAULUS in the second book on the Edict of the Curule Aediles.] When the buyer has become the heir to the seller, or conversely, if the slave is evicted, should he deduct or reckon double the amount in the debt, or the single amount? For it would be double, if another person had become the heir.
et benignius est eodem herede existente simplum ei imputari.
And it is more equitable, when the same person is the heir, that the single amount be imputed to him.

Notes

  1. 35.2.48.preuicto homine — Ablative absolute. "homo" (man) here refers to a "slave," the object of the sale, and "euicere" refers to "eviction" (evictio), where a third party recovers the property by law based on a superior title.
  2. 35.2.48.prin aes alienum — An idiomatic expression literally meaning "someone else's bronze," used in Roman law to mean "debt." In the calculations of the Lex Falcidia, it is treated as a debt to be deducted from the total value of the inheritance.
  3. 35.2.48.prduplum enim esset, si alius heres exstitisset — A subjunctive conditional sentence of contrary-to-fact. The apodosis uses the imperfect subjunctive (esset) representing a present contrary-to-fact state, while the protasis uses the pluperfect subjunctive (exstitisset) representing a past contrary-to-fact event.

Cite this passage

Justinian I, The Digest of Justinian §35.2.48.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.48.pr

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