Justinian I · The Digest of Justinian §12.6.3.pr
Recovery of Paid Legacies after Eviction of Inheritance
Summary
Papinianus states that the same principle applies if an inheritance is lost after legacies have been paid due to unforeseen causes, such as the birth of a posthumous child or the return of a missing son; a rescript of Emperor Titus Antoninus granted actions to the new heirs directly against the legatees, limiting the liability of the good-faith recipients to their actual enrichment and protecting the faultless payer.
Notes
- 12.6.3.prsolutis legatis — An ablative absolute construction consisting of a noun and a participle, expressing the condition or temporal background: "after legacies have been paid."
- 12.6.3.prnato postumo ... reuerso filio — These are in the ablative case, functioning as apposites or examples illustrating the preceding "noua et inopinata causa" (a new and unexpected cause).
- 12.6.3.prdari oportere — An accusative with infinitive (AcI) construction with the impersonal verb 'oportere', which is nested inside the main AcI governed by 'rescripsit'. Its subject is the accusative 'utiles actiones'.
Cite this passage
Justinian I, The Digest of Justinian §12.6.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.3.pr
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