Humanitext Reader

Justinian I · The Digest of Justinian §7.1.46.pr-7.1.46.1

Preservation of Bequests to Mothers and Repair Claims

Passage 1217 of 9271 · Latin

Summary

In Section pr, the author explains that a legacy of ownership with usufruct deducted to a mother must be preserved as full ownership even if the will is challenged by a pretermitted child, and in Section 1, he establishes that a usufructuary has the right to sue the heir for repairs if ordered by the testator.

[PAULUS libro nono ad Plautium. ] §7.1.46.prSi extraneo scripto et emancipato praeterito matri defuncti deducto usu fructu proprietas legata sit, petita contra tabulas bonorum possessione plena proprietas pietatis respectu matri praestanda est.
[PAULUS, in the ninth book on Plautius.] If, with a stranger having been appointed as heir and an emancipated child pretermitted, the ownership, with the usufruct deducted, has been bequeathed to the mother of the deceased, even if possession of goods contrary to the will has been demanded, the full ownership must be provided to the mother out of respect for familial affection.
§7.1.46.1Si testator iusserit, ut heres reficeret insulam, cuius usum fructum legauit, potest fructuarius ex testamento agere, ut heres reficeret.
If a testator has ordered that the heir should repair a building of which he bequeathed the usufruct, the usufructuary can bring an action under the will to compel the heir to repair it.

Notes

  1. §7.1.46.prextraneo scripto et emancipato praeterito — These are two parallel ablative absolute constructions, with the nouns `herede` (heir) and `filio` (son/child) understood respectively. `extraneo [herede] scripto` means 'a stranger having been appointed as heir in the will,' and `emancipato [filio] praeterito` means 'an emancipated child having been pretermitted (passed over).'
  2. §7.1.46.prpetita contra tabulas bonorum possessione — An ablative absolute construction where `bonorum possessione` and its participle `petita` are separated by `contra tabulas` (hyperbaton). In this context, it expresses a concessive or conditional clause: 'although (or if) possession of goods contrary to the will has been demanded' by the pretermitted child.
  3. §7.1.46.1ut heres reficeret — Appears twice in this section. The first occurrence is a substantive clause of purpose/will introduced by `ut` (with the imperfect subjunctive `reficeret`), serving as the object of `iusserit`. The second occurrence specifies the object or claim of the action brought under the will (`agere`).

Cite this passage

Justinian I, The Digest of Justinian §7.1.46.pr-7.1.46.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.46.pr-7.1.46.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.