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Justinian I · The Digest of Justinian §50.16.97.pr

Meaning of Things Received from an Inheritance in Stipulations

Passage 8911 of 9271 · Latin

Summary

It explains that when stipulating how much "money" (property) has come from an inheritance, the parties are deemed to refer to the actual things themselves, not their monetary value.

[IDEM libro trigensimo secundo digestorum. ] §50.16.97.prCum stipulamur 'quanta pecunia ex hereditate Titii ad te peruenerit', res ipsas quae peruenerunt, non pretia earum spectare uidemur.
[THE SAME, Digests, book 32.] When we stipulate "how much money has come to you from the inheritance of Titius," we are deemed to look at the very things which have come, and not at their prices.

Notes

  1. §50.16.97.prpecunia — Here, pecunia does not mean "money" in the narrow sense (coin/currency), but rather "property" or "assets" in general that constitute the inheritance. This is clear from the subsequent contrast with "the things themselves" (res ipsas) rather than "their prices" (pretia earum).
  2. §50.16.97.prspectare uidemur — A personal construction of the passive verb uideor in the first-person plural (uidemur), governing the infinitive spectare. It means "we are deemed to look at" or "we are considered to have in view."

Cite this passage

Justinian I, The Digest of Justinian §50.16.97.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.97.pr

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