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Justinian I · The Digest of Justinian §36.1.43.pr-36.1.43.1

Restoration through a Slave and Retention of Tomb Rights

Passage 5596 of 9271 · Latin

Summary

Explains why restoration to a slave is equivalent to restoration to the owner under a trust, and states that the rights to family tombs remain with the original heir even after the inheritance is restored.

[PAULUS libro uicensimo ad edictum. ] §36.1.43.prquia perinde est, atque si mihi restituta esset hereditas.
[PAULUS, On the Edict, Book XX] because it is just as if the inheritance had been restored to me.
§36.1.43.1Restituta hereditate iura sepulchrorum apud heredem remanent.
Even when the inheritance has been restored, the rights to family tombs remain with the heir.

Notes

  1. §36.1.43.prperinde est, atque si — A comparative conditional construction meaning "it is just as if...". It is followed by the pluperfect subjunctive restituta esset to express a contrary-to-fact scenario, showing that restoration to one's slave is legally equivalent to direct restoration to oneself (mihi).
  2. §36.1.43.1Restituta hereditate — Ablative absolute with a perfect participle, functioning concessively here ("even though the inheritance has been restored"). The restoration (restitutio) of the inheritance (hereditas) refers to the transfer of the estate by the heir to the beneficiary in accordance with a trust (fideicommissum).

Cite this passage

Justinian I, The Digest of Justinian §36.1.43.pr-36.1.43.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.1.43.pr-36.1.43.1

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