Justinian I · The Digest of Justinian §39.4.14.pr

Forfeiture to Treasury for Tax Offenses and Claims Against Heirs

Passage 6213 of 9271 · Latin

Summary

Ulpian explains that property forfeited due to tax violations immediately ceases to belong to the offender and its ownership is acquired by the treasury, meaning the action to recover the forfeited property can be brought against the heir just as against any possessor.

[ULPIANUS libro octauo disputationum. ] §39.4.14.prCommissa uectigalium nomine etiam ad heredem transmittuntur.

[ULPIANUS, Disputations, Book VIII] Property forfeited on account of taxes is also transmitted to the heir.

nam quod commissum est, statim desinit eius esse qui crimen contraxit dominiumque rei uectigali adquiritur: eapropter commissi persecutio sicut aduersus quemlibet possessorem, sic et aduersus heredem competit.

For that which has been forfeited immediately ceases to belong to the person who committed the offense, and the ownership of the thing is acquired for the tax; therefore, the pursuit of the forfeited thing lies against the heir just as it does against any possessor.

Notes

§39.4.14.pruectigali — Dative singular of the neuter noun uectigal (tax, public revenue). Combined with the passive verb adquiritur (is acquired), it indicates the recipient or entity for whose benefit the ownership is acquired (dative of interest).
§39.4.14.preius esse qui — eius is the genitive singular of the demonstrative pronoun, taking the relative clause qui crimen contraxit (he who committed the offense) as its modifier. Combined with the infinitive esse acting as the complement of desinit, it functions as a possessive genitive.

Cite this passage

Justinian I, The Digest of Justinian §39.4.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.4.14.pr

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