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Justinian I · The Digest of Justinian §37.6.7.pr

Collatio for Grandchildren Succeeding a Son

Passage 5782 of 9271 · Latin

Summary

This text regulates the allocation of estate collation to grandsons who succeed to the place of a deceased son, as well as the scope of the collation obligation they themselves must perform.

[IDEM libro tertio decimo digestorum. ] §37.6.7.prSi nepotes in locum filii successerunt, una portio is conferri debet, uti bonorum possessionis unam partem habent: sed et ipsi ita conferre debent, quasi omnes unus essent.
[THE SAME, from the thirteenth book of the Digests.] If grandsons have succeeded to the place of a son, one share ought to be contributed to them, just as they have one part of the possession of goods; but they themselves also ought to contribute in such a way, as if they were all one person.

Notes

  1. §37.6.7.pris — A variant spelling of iis, the dative plural of the demonstrative pronoun is, referring back to the preceding subject nepotes (grandsons).
  2. §37.6.7.pruti — Used here not as the infinitive of the verb utor (to use), but as a conjunction of comparison equivalent to sicut (just as, in the same way as).
  3. §37.6.7.prquasi omnes unus essent — A conditional clause of comparison introduced by quasi (as if). The imperfect subjunctive essent is used to denote an unreal situation relative to the present main verb debent. The masculine singular nominative unus functions as a predicate nominative, indicating that they are to be treated as a single person.

Cite this passage

Justinian I, The Digest of Justinian §37.6.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.6.7.pr

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