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Justinian I · The Digest of Justinian §10.2.42.pr

Pre-Legacy of Claims and the Judge's Duty

Passage 1680 of 9271 · Latin

Summary

The text discusses that when a legacy is left to one of the co-heirs to first take what they owe or what a third party owes, it is within the duty of the inheritance division judge to prevent co-heirs from demanding the debt or to transfer the corresponding actions to them.

[POMPONIUS libro sexto ad Sabinum. ] §10.2.42.prSi ita legatum fuerit uni ex heredibus: 'quod mihi debet, praecipito', officio iudicis familiae erciscundae continetur, ne ab eo coheredes exigant: nam et si quod alius deberet praecipere unus iussus fuerit, officio iudicis actiones ei praestari debebunt pro portione coheredis.
[POMPONIUS, from the sixth book on Sabinus.] If a legacy is left to one of the co-heirs in this manner: "Let him take first what he owes me," it is within the duty of the judge in an action for the division of an inheritance to prevent the other co-heirs from demanding it from him; for even if one of them is ordered to take first what another person owes, the actions must, through the office of the judge, be made available to him in proportion to the share of the co-heir.

Notes

  1. §10.2.42.prpraecipito — The third-person singular active future imperative. In the formula of a legacy, it commands "to take first (before the division of the inheritance)", with 'uni ex heredibus' (one of the co-heirs) as its logical subject.
  2. §10.2.42.prpro portione coheredis — Although 'coheredis' (co-heir) is singular, it collectively refers to the other co-heir(s). Since debts and claims are by law divided among heirs in proportion to their shares, for a specific heir to take the entire claim first, the actions must be made available (actiones praestari) in proportion to the share (pro portione) of the other co-heirs.

Cite this passage

Justinian I, The Digest of Justinian §10.2.42.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.2.42.pr

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