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Justinian I · The Digest of Justinian §50.16.229.pr

Scope of Settled or Ended Matters and Undisputed Possession

Passage 9043 of 9271 · Latin

Summary

Ulpianus defines that the phrase 'settled or ended' covers not only matters that were actually disputed, but also those that have been possessed peacefully without dispute.

[IDEM libro singulari de tacitis fideicommissis. ] §50.16.229.pr'Transacta finitaue' intellegere debemus non solum quibus controuersia fuit, sed etiam quae sine controuersia sint possessa:
[THE SAME, in the single book on Tacit Fideicommissa.] By 'settled or ended' we must understand not only those things concerning which there has been a dispute, but also those which have been possessed without dispute.

Notes

  1. §50.16.229.prquibus — The antecedent (such as the neuter plural accusative 'ea') is omitted, and the relative pronoun 'quibus' functions as a dative of possession with 'controuersia fuit' ('concerning which there was a dispute').
  2. §50.16.229.prpossessa sint — Subjunctive perfect passive. This subjunctive is used either as a subjunctive of characteristic defining the category under discussion ('such things as have been possessed...'), or due to the syntactic influence of the main verb 'debemus'.

Cite this passage

Justinian I, The Digest of Justinian §50.16.229.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.229.pr

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