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Justinian I · The Digest of Justinian §36.1.39.pr

Restoration of Estate as Universal Succession Not Payment

Passage 5592 of 9271 · Latin

Summary

It explains that the restoration of an inheritance is not a mere discharge of debt, but a succession, as the recipient also becomes liable for the obligations.

[PAULUS libro uiccusimo ad edictum. ] §36.1.39.prnon enim solutio est hereditatis restitutio, sed et successio, cum obligetur.
[PAULUS, On the Edict, Book XX] For the restoration of an inheritance is not a discharge, but also a succession, since he becomes liable.

Notes

  1. §36.1.39.prcum obligetur — The conjunction `cum` takes the subjunctive `obligetur` (third-person singular present passive) to express cause ("since" or "inasmuch as"). The implied subject is the recipient of the restored inheritance (the fideicommissary). This clause explains that the restoration constitutes a universal succession (`successio`) rather than a mere discharge (`solutio`), as the recipient becomes legally bound (`obligari`) by the obligations attached to the inheritance.

Cite this passage

Justinian I, The Digest of Justinian §36.1.39.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.1.39.pr

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