[ULPIANUS libro octauo decimo ad edictum. ] §9.2.35.prquia retro adcreuisse dominium ei uidetur:
[ULPIANUS, in the eighteenth book on the Edict.] because ownership is deemed to have accrued to him retroactively.
Justinian I · The Digest of Justinian §9.2.35.pr
Retroactive Accrual of Ownership upon Rejection by a Co-Legatee
Summary
Explains the legal reason why ownership is deemed to have accrued retroactively to one co-legatee when the other rejects the legacy.
Notes
- §9.2.35.prretro adcreuisse dominium ei uidetur — This is a nominative with infinitive (nominativus cum infinitivo) construction. The nominative subject dominium goes with the main verb uidetur ('is deemed' / 'seems'), and adcreuisse is the perfect active infinitive acting as the complement. The dative pronoun ei refers back to Titius in the preceding section. The verb adcreuisse (from adcresco) refers to the accrual of the share of the legacy (ius adcrescendi), meaning that the share of the co-legatee who rejected the legacy accrues to Titius. The adverb retro indicates that this accrual is retroactive to the opening of the succession.
Cite this passage
Justinian I, The Digest of Justinian §9.2.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.2.35.pr
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