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Justinian I · The Digest of Justinian §50.16.194.pr

Distinction Between a Gift and a Gift with Cause

Passage 9008 of 9271 · Latin

Summary

Explains the difference between 'donum' and 'munus' as that between genus and species, citing Labeo's view that 'munus' is a gift given for a specific cause, such as a birthday or wedding.

[ULPIANUS libro quadragesimo tertio ad edictum. ] §50.16.194.prInter 'donum' et 'munus' hoc interest, quod inter genus et speciem: nam genus esse donum Labeo a donando dictum, munus speciem: nam munus esse donum cum causa, ut puta natalicium, nuptalicium.
[ULPIANUS in the forty-third book on the Edict.] Between 'donum' and 'munus' there is this difference, which is between genus and species: for Labeo says that 'donum', named from 'donando', is the genus, and 'munus' is the species: for 'munus' is a 'donum' with a cause, such as a birthday present, a wedding present.

Notes

  1. §50.16.194.prdictum — In the phrase Labeo a donando dictum, dictum is a perfect participle agreeing with the neuter noun donum. The entire clause forms an accusative with infinitive (AcI) construction dependent on an omitted verb of saying (such as ait or scripsit), where donum is the subject accusative and genus is the predicate accusative.
  2. §50.16.194.prhoc interest, quod — hoc (this) is a demonstrative pronoun whose specific content (the difference between genus and species) is explained by the following relative clause or appositive conjunctional clause introduced by quod.

Cite this passage

Justinian I, The Digest of Justinian §50.16.194.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.194.pr

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