Humanitext Reader

Justinian I · The Digest of Justinian §37.11.4.pr

Materials for Wills: Definition of Paper and Possession

Passage 5836 of 9271 · Latin

Summary

Ulpian explains that the definition of "paper" for wills includes both new and erased paper, and allows petitioning for the possession of goods even if the will was written on both sides of the paper.

[ULPIANUS libro quadragensimo secundo ad edictum. ] §37.11.4.prChartae appellatio et ad nouam chartam refertur et ad deleticiam: proinde et si in opisthographo quis testatus sit, hinc peti potest bonorum possessio.
[ULPIANUS in his forty-second book on the Edict.] The term "paper" refers both to new paper and to erased paper; therefore, even if someone has made a will on paper written on both sides, the possession of goods can be petitioned for on this basis.

Notes

  1. §37.11.4.prChartae appellatio — The genitive chartae functions as a genitive of definition with appellatio, meaning "the designation of 'paper'". Here, charta refers to writing material, particularly papyrus.
  2. §37.11.4.prdeleticiam — Accusative feminine singular of the adjective deleticius (erasable, erased), modifying the omitted noun chartam. It refers to papyrus that has been washed or scraped for reuse (palimpsest).
  3. §37.11.4.prin opisthographo — Substantivized neuter of the Greek-derived adjective opisthographus (written on the back), or an ellipsis of in opisthographo libro (or charta). It refers to a document written on both sides, used with the preposition in.
  4. §37.11.4.prhinc — An adverb meaning "from here" or "hence". In this context, it means on the basis of this specific provision or interpretation of the term in the Edict.

Cite this passage

Justinian I, The Digest of Justinian §37.11.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.11.4.pr

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