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Justinian I · The Digest of Justinian §50.17.82.pr

Deeming Transfers without Legal Obligation as Gifts

Passage 9142 of 9271 · Latin

Summary

Presents the principle that whatever is granted without any legal obligation or compulsion is deemed to be a donation.

[IDEM libro nono responsorum. ] §50.17.82.prDonari uidetur, quod nullo iure cogente conceditur.
[THE SAME, from his ninth book of Responses.] That which is granted when no law compels it is deemed to be donated.

Notes

  1. §50.17.82.prnullo iure cogente — An ablative absolute construction consisting of the noun `ius` (law) and the pronominal adjective `nullus` (no) in the ablative, combined with `cogente`, the ablative present participle of `cogere` (to compel). It expresses a circumstance or condition: "under no legal compulsion" or "when no law compels it."
  2. §50.17.82.prDonari uidetur — The verb `uidetur` (it seems, is deemed) is used in a personal construction with the passive present infinitive `donari` (to be donated/given), meaning "is deemed to be donated," taking the entire subsequent relative clause as its subject.

Cite this passage

Justinian I, The Digest of Justinian §50.17.82.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.82.pr

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