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Justinian I · The Digest of Justinian §47.19.4.pr

Extension of Benefit to Co-Heirs in Plundered Inheritance

Passage 8092 of 9271 · Latin

Summary

An opinion of Paulus confirming that when a co-heir successfully prosecutes the crime of plundered inheritance, the benefit also extends to the other co-heirs.

[PAULUS libro tertio responsorum. ] §47.19.4.prRes hereditarias omnium heredum fuisse communes, et ideo eum, qui expilatae hereditatis crimen obicit et optinuit, etiam coheredi profuisse uideri.
[PAULUS, in the third book of responses.] That the inherited property was common to all heirs, and therefore he who charges the crime of plundered inheritance and has prevailed is deemed to have benefited his co-heir as well.

Notes

  1. §47.19.4.prRes hereditarias omnium heredum fuisse communes, et ideo eum... profuisse uideri — The entire sentence is constructed as an accusative with infinitive (indirect discourse), with the governing verb of speaking/answering (e.g., *respondit*) being omitted. *fuisse* and *uideri* are the infinitives under this construction.
  2. §47.19.4.preum... profuisse uideri — *eum* is the subject accusative of *uideri* (passive infinitive 'to seem / to be deemed'), which in turn governs the perfect active infinitive *profuisse* ('to have benefited'). It forms a layered infinitive construction: 'he is deemed to have benefited...'.
  3. §47.19.4.proptinuit — While the verb *obtinere* generally means 'to obtain' or 'to hold', in a legal context, particularly in litigation, it means 'to prevail' or 'to win the case'. Here, paired with *crimen obicit* (to charge a crime), it indicates successfully prosecuting the charge.

Cite this passage

Justinian I, The Digest of Justinian §47.19.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.19.4.pr

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