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Justinian I · The Digest of Justinian §37.1.16.pr

Insanity and Ratification of Possession Claimed by Others

Passage 5725 of 9271 · Latin

Summary

Explains that when a person on whose behalf possession of goods was petitioned for by another becomes insane, the more approved view is that they are deemed to have ratified it, as ratification confirms the prior petition.

[IDEM libro tertio sententiarum. ] §37.1.16.prQuotiens is, cui bonorum possessio ab altero postulata est, furere coeperit, magis probatum ratum eum uideri habuisse: rati enim habitio ad confirmationem prioris postulati pertinet.
[THE SAME, book 3 of Opinions.] Whenever he, on whose behalf possession of goods has been petitioned for by another, has begun to be insane, it is the more approved view that he is deemed to have ratified it; for ratification pertains to the confirmation of the prior petition.

Notes

  1. §37.1.16.prcui — Dative of advantage (dativus commodi), indicating that the petition was made by another on behalf of (or for the benefit of) the antecedent is.
  2. §37.1.16.prmagis probatum — Ellipsis of est. It forms the predicate with the accusative and infinitive clause eum uideri ratum habuisse serving as its subject.
  3. §37.1.16.prratum ... habuisse — Perfect infinitive of ratum habere (to ratify). It functions as the complementary infinitive of uideri (to be deemed), with the accusative eum as its subject.

Cite this passage

Justinian I, The Digest of Justinian §37.1.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.1.16.pr

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