Humanitext Reader

Justinian I · The Digest of Justinian §10.2.28.pr

Redemption of Pledged Preceptive Legacies from Estate

Passage 1666 of 9271 · Latin

Summary

This text explains that if a testator bequeaths a pledged item to a co-heir by preception, it is the duty of the partition judge to have it redeemed from the common estate so that the legatee may receive it.

[GAIUS libro septimo ad edictum prouinciale. ] §10.2.28.prRem pignori creditori datam si per praeceptionem legauerit testator, officio iudicis continetur, ut ex communi pecunia luatur eamque ferat is cui eo modo fuerat legata.
[GAIUS libro septimo ad edictum prouinciale.] If a testator has bequeathed by preception a thing given in pledge to a creditor, it is within the office of the judge to see that it is redeemed from the common fund and that the person to whom it had been bequeathed in that manner should take it.

Notes

  1. §10.2.28.prper praeceptionem — Meaning 'by preception'. In classical Roman law, it refers to a form of legacy (legatum per praeceptionem) by which one of the co-heirs was authorized to take a specific thing from the inheritance before the partition.
  2. §10.2.28.profficio iudicis continetur, ut — The impersonal passive `continetur` ('is contained/included') is followed by an `ut` clause (with subjunctives `luatur` and `ferat`), which defines the content of the judge's duty (officium iudicis). The `ut` clause functions substantively as the subject or explanation of what is contained.

Cite this passage

Justinian I, The Digest of Justinian §10.2.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.2.28.pr

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.