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Justinian I · The Digest of Justinian §49.14.11.pr

Accrual of Net Residual Assets to the Treasury

Passage 8532 of 9271 · Latin

Summary

This section explains the legal principle that only the assets remaining after satisfying creditors' claims and outstanding debts can be considered actual "property" that may accrue to the treasury.

[IAUOLENUS libro nono epistularum. ] §49.14.11.prNon possunt ulla bona ad fiscum pertinere, nisi quae creditoribus superfutura sunt: id enim bonorum cuiusque esse intellegitur, quod aeri alieno superest.
[JAVOLENUS, Letters, Book IX.] No property can belong to the treasury except that which is to remain over for the creditors; for only that is understood to be a person's property which remains over and above his debts.

Notes

  1. §49.14.11.prcreditoribus superfutura sunt — superfutura is the future active participle, nominative neuter plural, of supersum (to remain, survive, be left over), modifying quae. creditoribus is the dative case governed by supersum. It means "those which are to remain over after the claims of creditors are satisfied," reflecting the priority of creditors' rights over the treasury's acquisition.
  2. §49.14.11.prid enim bonorum cuiusque esse intellegitur — A personal passive construction (nominativus cum infinitivo) where id (nominative, antecedent of quod) is the subject of intellegitur (passive 3rd person singular) with the complementary infinitive esse. bonorum is a partitive genitive depending on id, meaning "that [part] of the property." cuiusque is the genitive of quisque ("of each person"). The whole phrase means "for only that is understood to be each person's property."
  3. §49.14.11.praeri alieno superest — aeri alieno is the dative of aes alienum (debt, liabilities; literally "another's bronze"). The verb superest (3rd person singular present of supersum) governs this dative, meaning "remains over and above the debt." This is a classic expression of the Roman law principle that only the surplus after deducting liabilities constitutes actual "property" (bona).

Cite this passage

Justinian I, The Digest of Justinian §49.14.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.14.11.pr

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