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Justinian I · The Digest of Justinian §12.6.4.pr

Production of Another Will and Recovery of Legacies

Passage 1979 of 9271 · Latin

Summary

This text indicates that the deified Emperor Hadrian issued a similar rescript for the case in which another will is produced.

[PAULUS libro tertio ad Sabinum. ] §12.6.4.prIdem diuus Hadrianus rescripsit et si aliud testamentum proferatur.
[PAULUS, On Sabinus, book 3.] The deified Hadrian also replied in a rescript to the same effect, even if another will should be produced.

Notes

  1. 12.6.4.prIdem — The neuter accusative singular of the pronoun idem ("the same thing"), serving as the direct object of the verb rescripsit. It refers to the legal rule mentioned in the preceding fragment (12.6.3.pr) that a good faith possessor is liable only to the extent of enrichment when a legacy is invalidated by an unexpected cause (in this case, the discovery of another will).
  2. 12.6.4.pret si — The conjunction et functions adverbially, modifying the conditional clause introduced by si to mean "even if" or "also if", indicating that the aforementioned legal rule extends to this different circumstance where another will is produced.

Cite this passage

Justinian I, The Digest of Justinian §12.6.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.4.pr

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