- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.46.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-11
It rules that a person who enters into a secret agreement (tacit trust) to restore an inheritance to someone legally incapable of taking it must be treated as an unlawful possessor.
[MODESTINUS libro sexto differentiarum.]
[MODESTINUS in his sixth book on Differences.]
Praedonis loco1 intellegendus est is, qui tacitam fidem2 interposuerit, ut non capienti3 restitueret hereditatem.
He who has entered into a tacit agreement to restore the inheritance to one who cannot take it must be understood to be in the position of an unlawful possessor.
- 5.3.46.prPraedonis loco
Meaning "in the position of an unlawful possessor." It indicates that the person is subject to the same strict legal liabilities as a bad-faith possessor (malae fidei possessor) in an inheritance petition.
- 5.3.46.prtacitam fidem
Literally "tacit faith (agreement)." It refers to a secret trust agreement made between the heir and the actual beneficiary to circumvent legal restrictions on acquisition.
- 5.3.46.prnon capienti
Meaning "to one who does not take (is incapable of taking)." It refers to a person who lacks the capacity to acquire (capere) property by inheritance or legacy under restrictive statutes such as the lex Julia et Papia Poppaea.