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Justinian I · The Digest of Justinian §5.3.10.pr-5.3.10.1

Claim on Minimal Possession and Scope of Restitution

Passage 1006 of 9271 · Latin

Summary

It explains that even a minimal possession of inheritance property makes one liable to the petition, and that an heir can recover only what the adversary actually possesses through the office of the judge.

[GAIUS libro sexto ad edictum prouinciale. ] §5.3.10.prlicet minimam.
[GAIUS, in the sixth book on the Provincial Edict.] even if it is extremely small.
§5.3.10.1Itaque qui ex asse uel ex parte heres est, intendit quidem hereditatem suam esse totam uel pro parte, sed hoc solum ei officio iudicis restituitur quod aduersarius possidet, aut totum, si ex asse sit heres, aut pro parte ex qua heres est.
Therefore, he who is heir to the whole estate or to a part, indeed claims that the inheritance is his in its entirety or in part, but only that which the opponent possesses is restored to him by the office of the judge—either the whole, if he is heir to the whole estate, or the part in proportion to which he is heir.

Notes

  1. §5.3.10.prlicet minimam — An elliptical phrase qualifying `rem hereditariam` (inheritance property, feminine accusative singular) from the preceding section. The concessive conjunction `licet` is used with the feminine accusative singular adjective `minimam`, meaning "even if it is extremely small."
  2. §5.3.10.1ex asse — An expression derived from `as`, the Roman unit of currency and weight divided into twelve parts. `ex asse heres` means "an heir to the whole (twelve-twelfths)," i.e., a "sole heir," contrasted with `ex parte heres`, which refers to an heir to a part (co-heir).
  3. §5.3.10.1officio iudicis — Ablative of means or cause. It means "by the office (authority) of the judge," indicating that the restoration to the plaintiff is carried out under the judge's authority and discretion in the legal procedure.

Cite this passage

Justinian I, The Digest of Justinian §5.3.10.pr-5.3.10.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.10.pr-5.3.10.1

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