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Justinian I · The Digest of Justinian §39.6.19.pr

Claims for Recovery after Status Change or Transfer

Passage 6269 of 9271 · Latin

Summary

This section explains the donor's action concerning the peculium against the father when a filius familias receives a donation mortis causa, the recovery of the thing itself when a pater familias gives himself in adoption, and the claim for the price when the recipient has transferred the thing to another.

[IDEM libro octogensimo digestorum. ] §39.6.19.prSi filio familias res mortis causa data fuerit et conualuisset, donator actionem de peculio cum patre habet: at si pater familias, cum mortis causa donationem accepisset, in adoptionem se dederit, res ipsa a donatore repetitur.
[THE SAME, from the eightieth book of the Digests.] If a thing has been given mortis causa to a filius familias, and the donor has recovered, the donor has an action concerning the peculium (actio de peculio) against the father. But if a pater familias, after he had received a donation mortis causa, has given himself in adoption, the thing itself is recovered by the donor.
nec huic similis est is, qui rem, quam mortis causa acceperat, alii porro dederit: nam donator huic non rem, sed pretium eius condiceret.
And he is not similar to this person, who has further given to another the thing which he had received mortis causa; for the donor would sue this person not for the thing, but for its price.

Notes

  1. §39.6.19.prconualuisset — Subjunctive pluperfect. The subject is not explicitly stated but is understood from the context to be the donator (donor) in the following main clause, representing the recovery of the donor which triggers the revocation of the donation mortis causa.
  2. §39.6.19.prin adoptionem se dederit — Refers to a pater familias (who is sui iuris) giving himself in adoption to another (arrogation, adrogatio). Although his status changes to a filius familias, the donor's right to reclaim the specific thing itself (res ipsa) as a real action remains unaffected.
  3. §39.6.19.prcondiceret — Subjunctive imperfect, expressing a potential or hypothetical result (the donor would bring a condictio). Since the thing has been transferred to a third party, the action lies for its price (pretium) rather than the thing itself.

Cite this passage

Justinian I, The Digest of Justinian §39.6.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.6.19.pr

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