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Justinian I · The Digest of Justinian §50.17.196.pr

Distinction in Inheritability of Real and Personal Privileges

Passage 9256 of 9271 · Latin

Summary

This text explains that privileges are divided into those attaching to the cause and those attaching to the person, with the former being transmissible to heirs while the latter are not.

[IDEM libro octauo regularum. ] §50.17.196.prPriuilegia quaedam causae sunt, quaedam personae.
[THE SAME, in the eighth book of Rules.] Some privileges attach to the cause, some to the person.
et i deo quaedam ad heredem transmittuntur, quae causae sunt: quae personae sunt, ad heredem non transeunt.
And therefore, those which attach to the cause are transmitted to the heir; those which attach to the person do not pass to the heir.

Notes

  1. §50.17.196.prcausae... personae — These function as genitives (or potentially datives) of quality or reference. They refer to the distinction between real privileges (priuilegia rei or causae) and personal privileges (priuilegia personae), where the former are heritable and the latter expire with the individual.
  2. §50.17.196.pri deo — Although written as two words in the manuscript tradition, it is to be understood as the single connective adverb ideo (therefore, for that reason).

Cite this passage

Justinian I, The Digest of Justinian §50.17.196.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.196.pr

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