Humanitext Reader

Justinian I · The Digest of Justinian §39.5.3.pr

Distinction Between Motive and Condition in Gifts and Recovery

Passage 6218 of 9271 · Latin

Summary

This section states the general rule in donations that a distinction must be made between a motive and a condition, which determines whether the recovery of the property is possible.

[ULPIANUS libro septuagensimo sexto ad edictum. ] §39.5.3.prEt generaliter hoc in donationibus definiendum est multum interesse, causa donandi fuit an condicio: si causa fuit, cessare repetitionem, si condicio, repetitioni locum fore.
[ULPIANUS in the seventy-sixth book on the Edict.] And generally, this must be defined in donations, that it makes a great difference whether there was a motive for donating or a condition: if there was a motive, recovery does not lie; if a condition, there will be room for recovery.

Notes

  1. §39.5.3.prmultum interesse — Infinitive clause in the accusative. It functions as an apposition explaining the demonstrative pronoun "hoc" at the beginning, and serves as the subject (or its substantial content) of the impersonal gerundive construction "definiendum est" (must be defined).
  2. §39.5.3.prcausa donandi fuit an condicio — An indirect double question introduced by the particle "an" (whether... or), which serves as the subject of the verb "interesse" (to make a difference). "Donandi" is the genitive of the gerund of "donare".
  3. §39.5.3.prcessare repetitionem, repetitioni locum fore — These are accusative-with-infinitive clauses in indirect speech depending on the preceding "definiendum est". In the first clause, "repetitionem" is the subject accusative and "cessare" is the infinitive. In the second, "locum" is the subject accusative, "fore" (future infinitive of esse) is the verb, and "repetitioni" is the dative of purpose or reference.

Cite this passage

Justinian I, The Digest of Justinian §39.5.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.5.3.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.