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Justinian I · The Digest of Justinian §5.4.6.pr-5.4.6.1

Adjustment of Siblings' Shares and Patron's Expenses

Passage 1062 of 9271 · Latin

Summary

This section regulates the adjustment of shares when a sister is admitted as a co-heir with her four brothers in their mother's estate, and specifies the proportional division of inheritance expenses for one who has recovered a share through the right of a patron.

[ULPIANUS libro sexto opinionum. ] §5.4.6.prSorori, quam coheredem fratribus quattuor in bonis matris esse placuit, quinta portio pro portionibus quae ad eos pertinuit cedet, ita ut singuli in quarta, quam antehac habere credebantur, non amplius ei quintam conferant.
[ULPIANUS libro sexto opinionum.] To the sister, whom it was decided to be a co-heir with her four brothers in the property of their mother, a fifth share shall accrue in proportion to the shares which belonged to them, so that each of them, out of the fourth share which they were previously believed to have, shall contribute to her no more than a fifth.
§5.4.6.1Sumptus, qui propter onera totius hereditatis iusti fiunt, ei, qui patroni iure portionem euicerit, pro rata computentur.
Expenses which are justly incurred on account of the charges of the whole inheritance shall be calculated proportionally for him who, by the right of a patron, has recovered a share.

Notes

  1. §5.4.6.prquam coheredem fratribus quattuor in bonis matris esse placuit — The infinitive clause quam... esse functions as the subject of the impersonal verb placuit ('it was decided'), where the relative pronoun quam (referring back to Sorori) is the subject accusative. The mathematical logic in singuli ... quintam conferant dictates that since there were four brothers originally believed to have 1/4 each, the introduction of the sister as a fifth heir requires each brother to contribute a 'fifth' of his 1/4 share (i.e., 1/20 of the whole), resulting in each of the five heirs holding a 1/5 share.
  2. §5.4.6.1qui patroni iure portionem euicerit — The verb euicerit (from evinco, perfect subjunctive or future perfect indicative) refers to recovering or reclaiming a right or property through legal action. Here, it denotes a person who, by virtue of their legal rights as a patron (over a freedman's estate), has successfully claimed or recovered their rightful share of the inheritance.

Cite this passage

Justinian I, The Digest of Justinian §5.4.6.pr-5.4.6.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.4.6.pr-5.4.6.1

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