Humanitext Reader

Justinian I · The Digest of Justinian §5.3.58.pr

Deduction of Expenses for a Son in Hereditatis Petitio

Passage 1056 of 9271 · Latin

Summary

In a case where a father made expenditures from an inheritance for his emancipated son's honor, the legal remedy is discussed for when the son insists on claiming the entire inheritance despite the father's readiness to restore it after deducting those expenses; it is resolved that the judge's office can sufficiently account for this even without a formal plea.

[SCAEUOLA libro tertio digestorum. ] §5.3.58.prFilius a patre emancipatus secundum condicionem testamenti matris adiit hereditatem, quam pater, antequam filium emanciparet, possedit fructusque ex ea possedit, sed erogationem in honorem filii cum esset senator fecit ex ea.
[SCAEUOLA in his third book of Digests.] A son, emancipated by his father, entered upon an inheritance in accordance with the condition of his mother's will, which inheritance the father, before he emancipated his son, had possessed, and had also possessed the fruits from it; but the father made an expenditure from it for the honor of his son when the latter was a senator.
quaesitum est, cum paratus sit pater restituere hereditatem habita ratione eorum quae in eum erogauit, an filius nihilo minus perseuerans petere hereditatem doli mali exceptione summoueri possit.
The question was asked, since the father is ready to restore the inheritance after taking into account those things which he spent upon him, whether the son, nevertheless persisting in claiming the inheritance, can be barred by the plea of fraud.
respondi, et si non exciperetur, satis per officium iudicis consuli.
I answered that, even if no plea were entered, the matter is sufficiently provided for through the office of the judge.

Notes

  1. §5.3.58.prcum esset senator — A subjunctive imperfect clause. Although the subject is not explicitly stated, it is natural to understand the preceding object `filii` (the son) as the subject, referring to the expenses made for his honor when he held or advanced to the rank of senator.
  2. §5.3.58.prhabita ratione — An ablative absolute construction consisting of the noun `ratio` and the participle `habita`. Literally 'account having been taken,' meaning here that the sum expended by the father for the son should be deducted or balanced against the restoration of the inheritance.
  3. §5.3.58.prconsuli — The passive infinitive of `consulere` used impersonally within the accusative and infinitive construction following the main verb `respondi`. Literally 'provision is made' or 'it is consulted for,' indicating that the father's interest is automatically protected and taken into account through the judge's office (officium iudicis) even without a formal plea.

Cite this passage

Justinian I, The Digest of Justinian §5.3.58.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.58.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.