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Justinian I · The Digest of Justinian §37.9.9.pr

Deduction of Unborn Child's Maintenance from Estate

Passage 5814 of 9271 · Latin

Summary

Dictates that when an unborn child is put into possession, any amount spent on the maintenance of the unborn child is deducted from the estate in the same manner as a debt.

[ULPIANUS libro quinto decimo ad Sabinum. ] §37.9.9.prCum uenter mittitur in possessionem, quod in uentris alimenta deminutum est detrahitur uelut aes alienum.
[ULPIANUS, on Sabinus, book 15] When an unborn child is put into possession, whatever has been expended on the maintenance of the unborn child is deducted as if it were a debt.

Notes

  1. §37.9.9.prquod in uentris alimenta deminutum est — A relative clause with the antecedent id omitted (id, quod...), serving as the subject of the main verb detrahitur. deminutum est means 'diminished (from the estate)' or 'expended'.
  2. §37.9.9.praes alienum — Literally meaning 'someone else's bronze', this is the standard Roman legal term for 'debt'. It indicates that the maintenance expenses of the unborn child are treated equivalently to liabilities that must be deducted before the division of the estate.

Cite this passage

Justinian I, The Digest of Justinian §37.9.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.9.9.pr

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