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Justinian I · The Digest of Justinian §36.1.85.pr

Actions for and against an Emancipated Son after Restitution

Passage 5641 of 9271 · Latin

Summary

The passage addresses the extent to which actions concerning an inheritance are granted for or against a son under paternal power after his emancipation, following the restoration of the inheritance to him.

[PAULUS imperialium sententiarum in cognitionibus prolatarum ex libris VI libro primo seu decretorum libro II.] §36.1.85.prSi filio familias hereditas restituta sit, uideamus, quatenus actiones hereditariae post emancipationem ei et in eum dentur.
If an inheritance has been restored to a son under paternal power, let us consider to what extent, after his emancipation, actions relating to the inheritance are granted to him and against him.

Notes

  1. §36.1.85.prei et in eum — The dative ei (to him, i.e., actions granted to him as plaintiff) is contrasted with the prepositional phrase in eum (against him, i.e., actions brought against him as defendant), indicating the active and passive transmission of the hereditary actions.
  2. §36.1.85.prquatenus — An adverb meaning 'to what extent', which here introduces an indirect question, taking the subjunctive verb dentur (present passive).

Cite this passage

Justinian I, The Digest of Justinian §36.1.85.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.1.85.pr

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