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Justinian I · The Digest of Justinian §36.1.58.pr

Validation of Pre-Restoration Disposals of Estate

Passage 5611 of 9271 · Latin

Summary

In a case where a father wished his daughter to restore an inheritance to her brothers after receiving certain items, the brothers disposed of the entire estate before the restoration; however, once the inheritance was subsequently restored, those disposals (sales and pledges) were confirmed as valid for the whole.

[IDEM libro septimo responsorum. ] §36.1.58.prFiliam fratribus certis rebus acceptis hereditatem restituere pater uoluit: ante restitutam hereditatem in possessionem hereditatis filiam quoque mitti placuit.
[THE SAME, Answers, Book 7] A father wished his daughter to restore the inheritance to her brothers after she had received certain things: before the inheritance was restored, it was decided that the daughter also should be put into possession of the inheritance.
cum autem interea filii res bonorum in solidum distraxissent, item alias pignori dedissent, hereditate postea restituta constitit ex eo facto ceterarum quoque portionum uenditiones, item pignora confirmari.
However, when in the meantime the sons had sold the things of the estate in their entirety, and likewise had given other things in pledge, after the inheritance was subsequently restored, it was established that by that fact the sales of the remaining portions also, and likewise the pledges, were confirmed.

Notes

  1. 36.1.58.prcertis rebus acceptis — Ablative absolute. Indicates that `filiam` (the daughter), who is the subject of the accusative-with-infinitive construction, is the recipient of the "certain things."
  2. 36.1.58.prante restitutam hereditatem — A construction of dominant participle (ab urbe condita type) governed by the preposition `ante`. It means "before the restoration of the inheritance" rather than "before the restored inheritance."
  3. 36.1.58.prin solidum — An adverbial phrase meaning "in its entirety" or "as a whole." It indicates that the brothers disposed of the estate property in its entirety, including the portions that were to be restored to the daughter, rather than just their own shares.
  4. 36.1.58.prconstitit ex eo facto ceterarum quoque portionum uenditiones, item pignora confirmari — The impersonal verb `constitit` ("it was established") takes the accusative-with-infinitive clause `uenditiones... confirmari` ("that the sales... were confirmed") as its subject. `ex eo facto` ("by that fact") refers to the subsequent restoration of the inheritance.

Cite this passage

Justinian I, The Digest of Justinian §36.1.58.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.1.58.pr

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