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Justinian I · The Digest of Justinian §4.2.18.pr

Enrichment upon Perishing or Conversion of Property

Passage 656 of 9271 · Latin

Summary

Julian states that if the thing itself has perished, the person is not enriched, but if it was converted into money, they are considered enriched even if they later lose it, citing an imperial rescript.

[IULIANUS libro sexagensimo quarto digestorum. ] §4.2.18.prSi ipsa res, quae ad alium peruenit, interiit, non esse locupletiorem dicemus: sin uero in pecuniam aliamue rem conuersa sit, nihil amplius quaerendum est, quis exitus sit, sed omnimodo locuples factus uidetur, licet postea deperdat.
[JULIAN, Digest, Book LXIV.] If the thing itself which came to another has perished, we shall say that he is not enriched; but if it has been converted into money or another thing, there is no need to inquire further what the outcome was, but he is deemed to have been enriched in any event, even if he should lose it afterwards.
nam et imperator Titus Antoninus Claudius Frontino de pretiis rerum hereditariarum rescripsit ob id ipsum peti ab eo hereditatem posse, quia licet res quae in hereditate fuerant apud eum non sint, tamen pretium earum quo, locupletum eum uel saepius mutata specie faciendo, perinde obligat, ac si corpora ipsa in eadem specie mansissent.
For the Emperor Titus Antoninus also wrote in a rescript to Claudius Frontinus concerning the prices of hereditary things, that the inheritance can be claimed from him for this very reason: because, although the things which had been in the inheritance are not with him, nevertheless their price, by making him enriched (even if the form of the things has been changed very often), binds him just as if the things themselves had remained in the same form.

Notes

  1. 4.2.18.prnon esse locupletiorem — This is an accusative-with-infinitive clause serving as the object of the main verb `dicemus`. The subject accusative `eum` is omitted.
  2. 4.2.18.prlicet postea deperdat — The conjunction `licet` introduces a concessive clause with the present subjunctive `deperdat` ("even if he should lose it afterwards").
  3. 4.2.18.prquo, locupletum eum uel saepius mutata specie faciendo — `faciendo` is a gerund in the ablative of means. `locupletum` is a spelling variant for the accusative singular `locupletem`, serving as a predicative adjunct to the object `eum` ("by making him enriched"). `mutata specie` is an ablative absolute ("its form having been changed"). `quo` is the ablative of means of the relative pronoun referring back to `pretium`.

Cite this passage

Justinian I, The Digest of Justinian §4.2.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.2.18.pr

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