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Justinian I · The Digest of Justinian §5.3.28.pr

Duty of Bona Fide Possessors to Surrender Profits

Passage 1026 of 9271 · Latin

Summary

It states that after the senatus consultum, any gain must be taken away from a bona fide possessor just as from a plunderer.

[PAULUS libro uicensimo ad edictum. ] §5.3.28.prPost senatus consultum enim omne lucrum auferendum esse tam bonae fidei possessori quam praedoni dicendum est.
[PAULUS, on the Edict, book 20] For it must be said that, after the senate decree, every gain is to be taken away from a possessor in good faith just as much as from a plunderer.

Notes

  1. §5.3.28.prsenatus consultum — This refers to the Senatus consultum Juventianum, passed during the reign of Hadrian (129 AD), which regulated the liability and the scope of restitution of gains for both bona fide and mala fide possessors in inheritance claims.
  2. §5.3.28.prbonae fidei possessori tam... quam praedoni — These datives can theoretically be understood as datives of agent with the gerundive auferendum ("by..."), but because the verb auferre ("to take away") takes a dative of separation, it is contextually more natural to interpret them as "from the possessor in good faith... as from the plunderer."
  3. §5.3.28.prdicendum est — An impersonal expression taking the accusative and infinitive clause 'omne lucrum auferendum esse' as its subject. It means 'it must be said that...' or 'it should be held that...'.

Cite this passage

Justinian I, The Digest of Justinian §5.3.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.28.pr

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