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Justinian I · The Digest of Justinian §35.2.9.pr-35.2.9.1

Valuation of Mature Fruits and Unborn Slaves

Passage 5454 of 9271 · Latin

Summary

Discusses that for the Lex Falcidia, fruits mature at the time of death increase the inheritance value under the land's estimate, and that no time distinction applies to an unborn child of a slave.

[IDEM libro nono decimo quaestionum. ] §35.2.9.prIn Falcidia placuit, ut fructus postea percepti, qui maturi mortis tempore fuerunt, augeant hereditatis aestimationem fundi nomine, qui uidetur illo in tempore fuisse pretiosior.
[THE SAME, from his nineteenth book of Questions.] In the application of the Lex Falcidia, it has been decided that fruits gathered afterwards, which were mature at the time of death, should increase the valuation of the inheritance under the head of the land, which is deemed to have been of greater value at that time.
§35.2.9.1Circa uentrem ancillae nulla temporis admissa distinctio est nec immerito, quia partus nondum editus homo non recte fuisse dicitur.
Regarding the womb of a female slave, no distinction of time is admitted, and not without reason; because an unborn offspring is not correctly said to have been a human being.

Notes

  1. 35.2.9.prqui uidetur illo in tempore fuisse pretiosior — The relative pronoun qui has as its antecedent fundi (land, genitive masculine singular), agreeing in gender and number with the comparative adjective pretiosior. This clause explains the rationale that the land itself is considered to have been of higher value at the time of death due to the presence of mature fruits.
  2. 35.2.9.1homo non recte fuisse dicitur — The passive verb dicitur is used in a personal construction with a nominative and infinitive, where the subject partus nondum editus (unborn offspring) is accompanied by the nominative predicate homo to express that it is not correctly said "to have been a human being".

Cite this passage

Justinian I, The Digest of Justinian §35.2.9.pr-35.2.9.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.9.pr-35.2.9.1

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