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Justinian I · The Digest of Justinian §37.1.5.pr

Accrual of Unclaimed Shares in Possession of Goods

Passage 5714 of 9271 · Latin

Summary

It stipulates that the shares which would have belonged to other potential heirs, had they petitioned for the possession of goods, will also accrue to the person who has accepted it.

[ULPIANUS libro trigesimo nono ad edictum. ] §37.1.5.prei, qui admisit, adcrescent etiam hae portiones, quae ceteris competerent, si petissent bonorum possessionem.
[ULPIANUS, book 39 on the Edict.] To the person who has accepted, there will also accrue those shares which would have belonged to the others if they had petitioned for the possession of goods.

Notes

  1. §37.1.5.prei, qui admisit — The dative ei serves as the complement to the verb adcrescent ('will accrue to...'). In the relative clause, the verb admisit ('has accepted/admitted') has its object omitted, which from the context refers to the possession of goods (bonorum possessio).
  2. §37.1.5.prquae ceteris competerent, si petissent bonorum possessionem — A contrary-to-fact conditional construction in the past. The condition is expressed by petissent (pluperfect subjunctive, contracted from petiissent), meaning 'if they had petitioned,' while the conclusion is expressed by competerent (imperfect subjunctive), indicating the state that would have resulted ('would have belonged').

Cite this passage

Justinian I, The Digest of Justinian §37.1.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.1.5.pr

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