Humanitext Reader

Justinian I · The Digest of Justinian §37.4.16.pr

Denial of Possession to a Grandfather Suspected of Waste

Passage 5744 of 9271 · Latin

Summary

Explains that if an emancipated son leaves a trust-estate to a grandson under paternal power through an outside heir, and the grandfather is suspected of wasting the grandson's property, the possession of goods should not be granted to the grandfather.

[POMPONIUS libro quarto ad Sabinum. ] §37.4.16.prSi emancipatus filius nepoti in potestate aui relicto ab extraneo herede fideicommissam hereditatem, si liberatus aui potestate fuisset, reliquisset: si suspectus auus sit quasi consumpturus bona nepotis, non esse ei dandam bonorum possessionem.
[POMPONIUS in the fourth book on Sabinus.] an emancipated son, to a grandson left under the power of a grandfather, had left a trust-estate charged upon an outside heir, on the condition "if the grandson should have been released from the power of the grandfather": if the grandfather is suspected of being likely to consume the goods of the grandson, the possession of goods should not be given to him.

Notes

  1. §37.4.16.prrelicto — Perfect participle agreeing with the dative nepoti, meaning "left" or "retained" under the power of the grandfather.
  2. §37.4.16.prab extraneo herede — Modifies the main verb reliquisset, indicating the heir on whom the trust (fideicommissum) is charged is an outside heir (extraneus heres). The phrase relinquere ab aliquo is an idiomatic expression meaning "to leave a trust charged upon someone."
  3. §37.4.16.prei — Dative pronoun referring to the grandfather (auus). Since the grandson is under his power, the grandfather would manage and acquire the property; however, if he is suspected of wasting it, the possession of goods (bonorum possessio) should not be granted to him.

Cite this passage

Justinian I, The Digest of Justinian §37.4.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.4.16.pr

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