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Justinian I · The Digest of Justinian §49.14.38.pr-49.14.38.1

Treasury Fruits after Loss and Informer Status of Officials

Passage 8559 of 9271 · Latin

Summary

Decides on the status of vacant property and its fruits after the treasury lost a lawsuit, and rules that someone claiming treasury funds in the course of their duties is not an informer.

[IDEM libro tertio decimo responsorum. ] §49.14.38.prFiscus in quaestione falsi testamenti non optinuit: priusquam autem ea quaestio decideretur, alio nuntiante bona postea uacare constitit.
[THE SAME, Opinions, Book XIII.]\n\nThe treasury did not prevail in the inquiry concerning a falsified will; but before that inquiry was decided, upon another person's report, it was established that the property was subsequently vacant.
fructus post primam litem absumi non oportuisse respondi: neque enim ad senatus consulti beneficium scriptum heredem pertinere controuersia mota. §49.14.38.1Delatoris opera non esse functum respondi, qui fisci pecuniam, quam alius tenebat, ad sui temporis administrationem pertinere, quamuis probare non potuisset, contendit, quoniam propriam causam egerat.
I replied that the fruits ought not to have been consumed after the first lawsuit; for once the dispute was moved, the benefit of the senate's decree did not apply to the appointed heir.\n\nI replied that a person who contended that money of the treasury, which another was holding, belonged to the administration of his own term of office, although he could not prove it, did not perform the function of an informer, because he had acted in his own cause.

Notes

  1. §49.14.38.prcontrouersia mota — An ablative absolute expressing a temporal or causal condition, meaning "once the dispute had been started" or "since the controversy was moved."
  2. §49.14.38.1Delatoris opera non esse functum... qui... contendit — The verb "fungor" governs the ablative ("opera"). The accusative pronoun "eum", which serves as the subject of the infinitive phrase "non esse functum", is omitted and acts as the antecedent of the relative clause "qui... contendit".

Cite this passage

Justinian I, The Digest of Justinian §49.14.38.pr-49.14.38.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.14.38.pr-49.14.38.1

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