Humanitext Reader

Justinian I · The Digest of Justinian §36.1.45.pr

Restitution Limited to Inheritance and Personal Property Excluded

Passage 5598 of 9271 · Latin

Summary

It lays down that a trustee requested to restore what came from another's property must restore only what is held from the inheritance, excluding what is held in his own personal capacity.

[ULPIANUS libro uicensimo secundo ad edictum. ] §36.1.45.prQui rogatus est restituere quod ex bonis alicuius ad eum peruenit, ea restituit quae ex hereditate habet, non quae habet ex persona sua.
[ULPIAN, On the Edict, Book XXII] He who has been requested to restore what has come to him from the goods of someone restores those things which he has from the inheritance, not those which he has in his own capacity.

Notes

  1. §36.1.45.prQui — The relative pronoun whose antecedent (such as is) is omitted, serving as the subject of the main verb restituit.
  2. §36.1.45.prex persona sua — Meaning 'in his own capacity' or 'on his own account'. It contrasts what is held by virtue of the inheritance (ex hereditate) with what the individual holds in their own right or personal status, which is excluded from the obligation of restoration.

Cite this passage

Justinian I, The Digest of Justinian §36.1.45.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.1.45.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.