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Justinian I · The Digest of Justinian §37.10.16.pr

Security Provided for Property Brought into Collation

Passage 5832 of 9271 · Latin

Summary

It rules that just as security is given to the emancipated son for the paternal estate, security must also be provided for the assets that he himself brings into collation.

[PAULUS libro quadragensimo primo ad edictum. ] §37.10.16.prSed sicuti de bonis paternis emancipato cauetur, ita de istis quae ipsi confert cauendum est.
[PAULUS libro quadragensimo primo ad edictum.] But just as security is given to the emancipated son concerning paternal property, so security must be given concerning those things which he himself brings into collation.

Notes

  1. §37.10.16.pripsi — Although it is a dative singular, it is interpreted here either as a substitute for the nominative ipse ('he himself collates') or as referring to the co-heir ('which he collates to the co-heir himself'). In the context of collation, it is commonly understood in the nominative sense.
  2. §37.10.16.prcauetur... cauendum est — The impersonal passive cauetur ('security is given') is contrasted with the impersonal gerundive construction cauendum est ('security must be given'). While the dative emancipato is specified for the former, the recipient of the security in the latter is implicit but understood as the co-heirs.

Cite this passage

Justinian I, The Digest of Justinian §37.10.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.10.16.pr

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