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Justinian I · The Digest of Justinian §36.1.71.pr

Security Against Eviction upon Restitution of Estate

Passage 5625 of 9271 · Latin

Summary

It states that when an heir restores an inheritance, he is not required to give security against the eviction of estate assets; rather, if any assets sold by the heir himself are evicted, security should conversely be provided to the heir.

[MAECIANUS libro octauo fideicommissorum. ] §36.1.71.prDe euictione praediorum uel mancipiorum uel ceterarum rerum hereditariarum cauere heres, cum restituit hereditatem, non debet: quin immo in contrarium caueri heredi oportet, si quid ex his euictum esset, quae ab ipso herede uenissent.
[MAECIANUS, On Trusts, Book 8] An heir, when he restores the inheritance, is not obliged to give security against the eviction of estates, slaves, or other hereditary property; on the contrary, indeed, security ought to be given to the heir in the opposite direction, if any of those things which had been sold by the heir himself should be evicted.

Notes

  1. §36.1.71.prcaueri — Passive infinitive governed by the impersonal verb `oportet` (it is necessary). In contrast to the active infinitive `cauere` in the preceding clause (the heir giving security), it means that security should be given 'to the heir' (heredi).
  2. §36.1.71.pruenissent — Subjunctive pluperfect of the intransitive verb `veneo` (to be sold). Although homographic with the corresponding form of `venio` (to come), it is accompanied here by the ablative of agent `ab ipso herede` (by the heir himself), referring to the situation where the heir had sold the property. This explains why the heir, who might later be held liable for eviction as a seller, should receive security from the beneficiary (in contrarium caueri).

Cite this passage

Justinian I, The Digest of Justinian §36.1.71.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.1.71.pr

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