Humanitext Reader

Justinian I · The Digest of Justinian §5.3.56.pr

Restitution of Fruits Gathered by the Possessor

Passage 1054 of 9271 · Latin

Summary

This section states the rule that in an action for inheritance, the fruits gathered by the possessor must always be restored, even if the claimant would not have gathered them.

[AFRICANUS libro quarto quaestionum. ] §5.3.56.prCum hereditas petita sit, eos fructus, quos possessor percepit, omnimodo restituendos, etsi petitor eos percepturus non fuerat.
[AFRICANUS in his fourth book of Questions.]\n\nWhen an inheritance has been claimed, the fruits which the possessor has gathered must in any event be restored, even if the claimant would not have been about to gather them.

Notes

  1. §5.3.56.prrestituendos — The gerundive in the accusative plural masculine with the ellipsis of the infinitive 'esse' in an accusative-and-infinitive (AcI) construction, expressing a legal ruling. The governing main verb of the statement is implied.
  2. §5.3.56.prpercepturus non fuerat — An active periphrastic construction composed of the future active participle 'percepturus' and 'fuerat' (the pluperfect of 'esse'), representing a past counterfactual potential or plan within the concessive clause introduced by 'etsi'.

Cite this passage

Justinian I, The Digest of Justinian §5.3.56.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.56.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.