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Justinian I · The Digest of Justinian §42.3.6.pr

Maintenance After Surrender of Goods and Limits on Resale

Passage 6930 of 9271 · Latin

Summary

Ulpianus argues that if a debtor acquires minor assets after a surrender of goods, whether these are minor should be judged by quantity, and asserts that maintenance or a usufruct for support must not trigger another sale of goods.

[ULPIANUS libro sexagensimo quarto ad edictum. ] §42.3.6.prQui bonis suis cessit, si modicum aliquid post bona sua uendita adquisiuit, iterum bona eius non ueneunt.
[ULPIANUS in the sixty-fourth book on the Edict.] He who has surrendered his goods, if he has acquired some small thing after the sale of his goods, does not have his goods sold again.
unde ergo modum hunc aestimabimus, utrum ex quantitate eius quod adquisitum est an uero ex qualitate? et putem ex quantitate id aestimandum esse eius quod quaesiit, dummodo illud sciamus, si quid misericordiae causa ei fuerit relictum, puta menstruum uel annuum alimentorum nomine, non oportere propter hoc bona eius iterato uenundari: nec enim fraudandus est alimentis cottidianis.
From what, then, shall we estimate this limit? Whether from the quantity of what was acquired, or indeed from its quality? And I should think that it is to be estimated from the quantity of what he has acquired, provided that we know this: that if anything has been left to him for the sake of mercy, for example monthly or annual payments under the name of maintenance, his goods ought not to be sold again on this account; for he must not be deprived of his daily maintenance.
idem et si usus fructus ei sit concessus uel legatus, ex quo tantum percipitur, quantum ei alimentorum nomine satis est.
The same applies also if a usufruct is granted or bequeathed to him, from which so much is received as is sufficient for him under the name of maintenance.

Notes

  1. §42.3.6.prQui bonis suis cessit — A nominative pendens construction placed at the beginning. Grammatically, it is picked up by the genitive pronoun `eius` in the main clause, serving to introduce the topic at the outset.
  2. §42.3.6.prputem — First-person singular present subjunctive. This is a potential subjunctive (conjunctivus potentialis) used for a modest or cautious assertion, meaning "I should think" or "I am inclined to think".
  3. §42.3.6.prdummodo illud sciamus — Present subjunctive introduced by the restrictive clause `dummodo` (provided that). The neuter demonstrative pronoun `illud` anticipates (prolepsis) the following accusative-with-infinitive clause `non oportere ... uenundari`, with the conditional clause `si quid ...` inserted in between.

Cite this passage

Justinian I, The Digest of Justinian §42.3.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.3.6.pr

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