Humanitext Reader

Justinian I · The Digest of Justinian §4.2.20.pr

Assessment of an Heir's Gain at Joinder of Issue

Passage 658 of 9271 · Latin

Summary

Ulpian discusses that the liability of an heir is assessed at the time of joinder of issue, and that the same rule applies if the wrongdoer's estate acquired something in a way that guaranteed it would reach the heir, such as through the release of a debtor.

[ULPIANUS libro undecimo ad edictum. ] §4.2.20.prQuantum autem ad heredem peruenerit, litis contestatae tempore spectabitur, si modo certum sit aliquid peruenisse.
[ULPIAN, Book XI on the Edict.] However, how much has reached the heir will be determined as of the time of joinder of issue, provided only that it is certain that something has reached him.
idem et si ipsius qui uim intulit sic in corpus patrimonii peruenit aliquid, ut certum sit ad heredem peruenturum, id est si debitor liberatus est.
The same also applies if something has entered into the estate of the very person who applied the force in such a way that it is certain to reach the heir, that is, if a debtor has been released.

Notes

  1. §4.2.20.prQuantum autem ad heredem peruenerit — A noun clause introduced by the relative pronoun quantum containing its antecedent, functioning as the subject of the passive main verb spectabitur. peruenerit is in the perfect subjunctive.
  2. §4.2.20.pripsius qui uim intulit — The genitive of the demonstrative pronoun ipsius is modified by the relative clause qui uim intulit and limits corpus patrimonii. It translates to 'the estate of the very person who applied the force.'
  3. §4.2.20.prad heredem peruenturum — The future active participle peruenturum functions as a future active infinitive with the copula esse omitted, forming the infinitive clause that serves as the subject of the impersonal expression certum sit.

Cite this passage

Justinian I, The Digest of Justinian §4.2.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.2.20.pr

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