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Justinian I · The Digest of Justinian §5.3.48.pr

Valuation of Sold Inheritance by Purpose of Sale

Passage 1046 of 9271 · Latin

Summary

Explains that in the valuation of an inheritance in a petition for inheritance, the scope of the price to be added differs depending on whether the sale was for business purposes or for the purpose of a fideicommissum.

[IAUOLENUS libro tertio ex Cassio. ] §5.3.48.prIn aestimationibus hereditatis ita uenit pretium uenditae hereditatis, ut id quoque accedat, quod plus fuit in hereditate, si ea negotiationis causa ueniit: sin autem ex fideicommissi causa, nihil amplius quam quod bona fide accepit.
[JAVOLENUS in his third book on Cassius.] In the evaluations of an inheritance, the price of a sold inheritance is included in such a way that whatever was of greater value in the inheritance is also added, if it was sold for the sake of business; but if it was on account of a fideicommissum, nothing more than what was received in good faith.

Notes

  1. 5.3.48.pruenit — Present tense of uĕnio (to come, enter). In juristic Latin, the phrase in aestimationem uenire is an idiom meaning 'to enter into evaluation' (to be taken into account). Here, pretium is the subject, meaning 'the price is included'. It should not be confused with uēneo (to be sold). Note that ueniit in the latter part of the sentence is the perfect tense of uēneo (uēniit or uēnit).
  2. 5.3.48.prnihil amplius quam quod bona fide accepit — The predicate verb or a phrase like accedat is omitted here. In contrast to the preceding ut id quoque accedat..., it means 'nothing more than what was received in good faith [is added]'.

Cite this passage

Justinian I, The Digest of Justinian §5.3.48.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.48.pr

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