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Justinian I · The Digest of Justinian §12.6.3.pr

Recovery of Paid Legacies after Eviction of Inheritance

Passage 1978 of 9271 · Latin

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.

[PAPINIANUS libro uicensimo octauo quaestionum. ] §12.6.3.prIdem est et si solutis legatis noua et inopinata causa hereditatem abstulit, ueluti nato postumo, quem heres in utero fuisse ignorabat, uel etiam ab hostibus reuerso filio, quem pater obisse falso praesumpserat: nam utiles actiones postumo uel filio, qui hereditatem euicerat, dari oportere in eos, qui legatum perceperunt, imperator Titus Antoninus rescripsit, scilicet quod bonae fidei possessor in quantum locupletior factus est tenetur nec periculum huiusmodi nominum ad eum, qui sine culpa soluit, pertinebit.
[PAPINIANUS, Questions, book 28.] The same is true if, after legacies have been paid, a new and unexpected cause has taken away the inheritance, for example, by the birth of a posthumous child whom the heir did not know to be in the womb, or even by the return from the enemy of a son whom the father had falsely presumed to have died. For the Emperor Titus Antoninus replied in a rescript that useful actions ought to be granted to the posthumous child or to the son who had recovered the inheritance, against those who had received the legacy; that is to say, because a possessor in good faith is liable only to the extent that he has been enriched, and the risk of claims of this kind will not belong to him who paid without fault.

Notes

  1. 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."
  2. 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).
  3. 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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