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Justinian I · The Digest of Justinian §41.6.4.pr

Usucaption of Gift to Disinherited Daughter upon Ratification

Passage 6824 of 9271 · Latin

Summary

This section provisions that if a father makes a gift to his daughter under power and then disinherits her, she will usucapt the gift from the day the father's heir ratifies it.

[IDEM libro trigensimo secundo ad Sabinum. ] §41.6.4.prSi pater filiae donauerit, quae in potestate eius erat, et eam exheredauerit: si id heres eius ratum habeat, exinde ea usucapiet donationem, qua ex die ratam heres donationem habuerit.
[THE SAME, from his thirty-second book on Sabinus.] If a father has made a gift to a daughter who was under his power, and has disinherited her: if his heir should ratify it, she will from then on usucapt the gift, from the day on which the heir has ratified the gift.

Notes

  1. §41.6.4.prea — The nominative feminine singular of the demonstrative pronoun is, ea, id, referring to the daughter (filia) as the subject of the verb usucapiet.
  2. §41.6.4.prqua ex die — A construction where the preposition ex is placed between the relative adjective qua and the noun die it modifies. It is equivalent to ex ea die, qua... (from the day on which...).
  3. §41.6.4.prratam heres donationem habuerit — An idiom ratum habere (to ratify, approve). While the previous clause si id... ratum habeat uses the neuter ratum because the object is the neuter pronoun id, here the feminine accusative singular ratam is used to agree with the object donationem (feminine).

Cite this passage

Justinian I, The Digest of Justinian §41.6.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.6.4.pr

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