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Justinian I · The Digest of Justinian §5.3.4.pr

Restitution of Inheritance Possessions Acquired Later

Passage 1000 of 9271 · Latin

Summary

This text explains that in an action for inheritance, even if the defendant possessed only a single disputed thing initially, they must also restore whatever other parts of the inheritance they began to possess subsequently.

[PAULUS libro primo ad edictum. ] §5.3.4.prSi hereditatem petam ab eo, qui unam rem possidebat, de qua sola controuersia erat, etiam id quod postea coepit possidere restituet.
[PAULUS in the first book on the Edict.] If I should claim an inheritance from one who was in possession of a single thing, about which alone there was a dispute, he shall also restore that which he subsequently began to possess.

Notes

  1. §5.3.4.prpetam ... restituet — The verb in the protasis petam is in the present subjunctive (or future indicative), while the verb in the apodosis restituet is in the future indicative. This combination presents a hypothetical future scenario followed by a certain legal consequence, a typical construction in Roman legal writing.
  2. §5.3.4.prde qua sola — The adjective sola is in the feminine ablative singular, agreeing in gender, number, and case with the relative pronoun qua (whose antecedent is the feminine noun rem). It means 'about which alone,' indicating that the dispute was initially restricted to that single object.

Cite this passage

Justinian I, The Digest of Justinian §5.3.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.4.pr

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