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Justinian I · The Digest of Justinian §35.2.83.pr

Inheritance from a Son's Creditor and Peculium in the Falcidian Law

Passage 5528 of 9271 · Latin

Summary

Explains that if the creditor of a son appoints the father as heir, and the Falcidian law calculation is made, the amount of the peculium at the time of the acceptance of the inheritance will be imputed to the father towards his fourth.

[IULIANUS libro duodecimo digestorum. ] §35.2.83.prSi creditor filii tui heredem te instituerit et legis Falcidiae rationem ponas, peculii quantitas, quod aditae hereditatis tempore fuisset, in quadrantem tibi imputabitur.
[IULIANUS, From the twelfth book of digests.] If the creditor of your son appoints you as heir and you make the calculation of the Falcidian law, the quantity of the peculium, which existed at the time the inheritance was accepted, will be imputed to you towards your fourth.

Notes

  1. 35.2.83.prquod aditae hereditatis tempore fuisset — The relative pronoun quod is neuter singular, referring back to the genitive peculii (from the neuter noun peculium). aditae hereditatis is a gerundive construction agreeing with hereditas, meaning 'the acceptance of the inheritance'. The subjunctive pluperfect fuisset is used due to the hypothetical context associated with the condition of the sentence, specifically reflecting the state that had existed at the completed moment of acceptance.
  2. 35.2.83.prin quadrantem tibi imputabitur — quadrans (a fourth) refers to the Falcidian portion (one-fourth of the estate) guaranteed to the heir by the Falcidian law. tibi is a dative of advantage, meaning that in the calculation of the fourth that must remain with 'you' (the heir), the value of the peculium will be reckoned (imputed) as already received by the heir.

Cite this passage

Justinian I, The Digest of Justinian §35.2.83.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.83.pr

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