Humanitext Reader

Justinian I · The Digest of Justinian §48.20.1.pr-48.20.1.3

Conditions of Confiscation and Property Shares for Children

Passage 8425 of 9271 · Latin

Summary

This section outlines the conditions under which property is confiscated upon condemnation, and specifies the rules for allocating shares of the property to children, including those conceived before the condemnation and born of a lawful marriage, as well as the exclusion in cases of partial confiscation.

[CALLISTRATUS libro primo de iure fisci et populi. ] §48.20.1.prDamnatione bona publicantur, cum aut uita adimitur aut ciuitas, aut seruilis condicio irrogatur.
[CALLISTRATUS, from the First Book on the Right of the Treasury and the Public.] Properties are confiscated by condemnation, when either life is taken away, or citizenship, or the condition of slavery is imposed.
§48.20.1.1Etiam si qui ante concepti et post damnationem nati sunt, portiones ex bonis patrum damnatorum accipiunt.
Even those who were conceived before and born after the condemnation receive shares from the property of their condemned fathers.
§48.20.1.2Liberis autem ita demum portio tribuitur, si iustis nuptiis nati sint.
However, a share is granted to children only if they were born of a lawful marriage.
§48.20.1.3Liberis eius, cui pars dimidia dumtaxat bonorum ablata est, partes non dantur: idque et diui fratres rescripserunt.
Shares are not given to the children of a person from whom only half of his property has been taken away; and this the deified brothers also stated in a rescript.

Notes

  1. §48.20.1.1Etiam si qui — A construction where "etiam si" (even if) is followed by the nominative plural indefinite/relative pronoun "qui" (functioning as "aliqui" or implying "ei qui"). It forms the subject phrase of the main verb "accipiunt", meaning "even those who... [they] receive".
  2. §48.20.1.2ita demum ... si — A correlative construction meaning "only then... if..." or "only on the condition that...", indicating that the action of the main clause takes place strictly when the condition in the si-clause is met.
  3. §48.20.1.3cui — The dative singular relative pronoun referring to the antecedent "eius". With the passive verb of taking away "ablata est" (from "auferre"), it functions as a dative of separation (or dative of disadvantage), indicating the person from whom the property was taken.

Cite this passage

Justinian I, The Digest of Justinian §48.20.1.pr-48.20.1.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.20.1.pr-48.20.1.3

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.