Humanitext Reader

Justinian I · The Digest of Justinian §36.2.28.pr

Equipped Land Legacy and Relevant Time for Equipment

Passage 5669 of 9271 · Latin

Summary

On the question of which point in time determines the equipment of a bequeathed equipped tract of land to be delivered, Scaevola answers that the things equipped at the time when the right to the legacy vests are due.

[IDEM libro quarto responsorum. ] §36.2.28.prSi fundus instructus relictus erit, quaeritur, quemadmodum dari debeat, utrum sicut instructus fuit mortis tempore an eo tempore quo facti sunt codicilli an quo peti coepit.
[THE SAME, fourth book of Opinions.] If an equipped tract of land is bequeathed, it is asked how it ought to be delivered: whether as it was equipped at the time of death, or at the time when the codicil was made, or when its recovery began to be demanded.
respondit ea quibus instructus sit fundus, cum dies legati cedat, deberi.
He answered that those things with which the land was equipped at the time when the right to the legacy vested are due.

Notes

  1. 36.2.28.prfundus instructus — A legal concept referring to an estate or tract of land equipped with the full complement of equipment (instrumentum), such as slaves, implements, and livestock, necessary for its cultivation and management.
  2. 36.2.28.prdies legati cedat — A technical legal expression meaning 'the right to the legacy vests' (literally, 'the day of the legacy yields/begins'). It is in the present subjunctive (cedat) because it is in a subordinate clause within the indirect speech introduced by 'respondit'.
  3. 36.2.28.prea quibus instructus sit fundus ... deberi — An accusative-with-infinitive construction governed by the main verb `respondit`. The neuter plural accusative `ea`, which serves as the antecedent of the relative pronoun, is the subject accusative of `deberi`. The relative clause `quibus instructus sit fundus` (where `quibus` is an ablative of means) modifies `ea`.

Cite this passage

Justinian I, The Digest of Justinian §36.2.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.2.28.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.