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Justinian I · The Digest of Justinian §12.6.31.pr

Recovery of Undue Promise Exceeding Hereditary Share

Passage 2007 of 9271 · Latin

Summary

It rules that an heir who, by mistake, promises a creditor an amount exceeding their hereditary share has a claim for recovery (condictio) regarding that undue promise.

[IDEM libro primo opinionum. ] §12.6.31.prIs, qui plus quam hereditaria portio efficit per errorem creditori cauerit, indebiti promissi habet condictionem.
[THE SAME, Opinions, Book 1.] He who, by mistake, has promised a creditor more than his hereditary share amounts to, has an action for recovery of an undue promise.

Notes

  1. 12.6.31.prplus quam hereditaria portio efficit — 'hereditaria portio' means "hereditary share," and 'efficit' (to produce, make up, amount to) is used here in the sense of "amounting to" or "constituting (a sum)." The entire phrase forms a comparative clause meaning "more than what the hereditary share amounts to."
  2. 12.6.31.prindebiti promissi — A genitive of the substantivized neuter 'indebitum' (undue, not owed) and 'promissum' (promise, what has been promised). It functions as an objective genitive modifying 'condictionem', referring to a claim for release from a promise made for a debt that was not actually owed.

Cite this passage

Justinian I, The Digest of Justinian §12.6.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.31.pr

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