Humanitext Reader

Justinian I · The Digest of Justinian §37.6.11.pr

Exemption from Collatio for Property Received as Debt

Passage 5786 of 9271 · Latin

Summary

Paulus rules that an emancipated son who obtained property due to be returned after the father's death prior to that event does not need to contribute it to his brother, as it is held by title of debt rather than donation.

[PAULUS libro undecimo responsorum. ] §37.6.11.prPaulus respondit ea, quae post mortem patris filio reddi debuerunt, emancipatum filium, quamuis prius consecutus sit quam deberentur, fratri qui in potestate patris relictus est conferre non debere, cum post mortem patris non tam ex donatione, quam ex causa debiti ea possidere uideatur.
[PAULUS, from the eleventh book of Opinions.] Paulus answered that an emancipated son, even if he obtained them before they were due, does not have to contribute to his brother who was left under the power of the father those things which ought to have been returned to the son after the death of the father, since after the death of the father he is seen to possess them not so much from donation as from a cause of debt.

Notes

  1. §37.6.11.premancipatum filium — Subject accusative of the AcI (accusative with infinitive) construction dependent on the main verb respondit. The infinitive is conferre non debere, and this subject is also understood as the subject of uideatur in the cum-clause.
  2. §37.6.11.prprius consecutus sit quam deberentur — The words prius and quam function correlatively (priusquam, 'before'). The subjunctive consecutus sit (perfect) is introduced by the concessive conjunction quamuis. The verb deberentur is in the imperfect subjunctive, indicating anticipation or non-occurrence at the reference time.

Cite this passage

Justinian I, The Digest of Justinian §37.6.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.6.11.pr

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