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Justinian I · The Digest of Justinian §37.5.19.pr

Basis for Limiting Grandson's Claim to a Quarter

Passage 5768 of 9271 · Latin

Summary

Explains the legal reasoning for limiting the grandson's claim to a fourth, showing that his half share would be divided with his emancipated father.

[IDEM libro quinto quaestionum. ] §37.5.19.prquia, et si omnes petissent bonorum possessionem, semis nepotis inter eum et patrem eius diuideretur.
[THE SAME, book five of questions.]\n\nbecause, even if everyone had petitioned for the possession of the goods, the half share of the grandson would be divided between him and his father.

Notes

  1. §37.5.19.pret si ... petissent ... diuideretur — A concessive conditional clause (contrary to fact). The protasis has petissent (contracted form of petivissent) in the subjunctive pluperfect, representing a past contrary-to-fact assumption, while the apodosis has diuideretur in the subjunctive imperfect, expressing the resulting state under that assumption.
  2. §37.5.19.prsemis nepotis — This refers to the grandson's original half-share in the whole inheritance. Since this is divided equally between him and his father, the portion remaining to the grandson—and thus the limit of his action mentioned in the previous sentence—is a fourth (quadrans).

Cite this passage

Justinian I, The Digest of Justinian §37.5.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.5.19.pr

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