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Justinian I · The Digest of Justinian §5.3.32.pr

Restitution to the Heir of Property Acquired via a Slave

Passage 1030 of 9271 · Latin

Summary

Paulus states that things acquired through a slave must be restored to the heir, and this rule applies to the inheritance of a freedman as well as during an action on an inofficious testament, even if they were temporarily held as the heir's property.

[PAULUS libro uicensimo ad edictum. ] §5.3.32.prPer seruum adquisitae res heredi restituendae sunt: quod procedit in hereditate liberti et cum de inofficioso agitur, cum interim in bonis esset heredis:
[PAULUS, on the Edict, book 20] Things acquired through a slave must be restored to the heir; this applies in the case of the inheritance of a freedman and when an action on an inofficious testament is brought, even though in the meantime they were among the goods of the heir:

Notes

  1. §5.3.32.prcum interim in bonis esset heredis — The `cum` clause with the imperfect subjunctive `esset` can be interpreted as concessive ("even though...") or temporal ("when..."). It is more natural to take it as concessive: even if the assets temporarily (`interim`) belonged to the estate of the testamentary heir (`in bonis ... heredis`) while the dispute was ongoing, they must be restored if the will is declared inofficious.
  2. §5.3.32.prde inofficioso agitur — A combination of `de inofficioso` (with `testamento` implied, referring to a challenge against an inofficious testament) and the impersonal passive `agitur` ("it is pleaded" or "an action is brought"). It means "when an action on an inofficious testament is brought."

Cite this passage

Justinian I, The Digest of Justinian §5.3.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.32.pr

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