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Justinian I · The Digest of Justinian §2.14.46.pr

Pact to Waive Security by Legatee and Its Irrevocability

Passage 412 of 9271 · Latin

Summary

Establishes the validity of an agreement between an heir and a legatee to waive security, and asserts the rule that such a waiver cannot be unilaterally revoked due to a change of mind.

[TRYPHONINUS libro secundo disputationum. ] §2.14.46.prPactum inter heredem et legatarium factum, ne ab eo satis accipiatur, cum in semestribus relata est constitutio diui Marci seruari in hoc quoque defuncti uoluntatem, ualidum esse constat.
[TRYPHONINUS, Disputations, book 2] It is well established that an agreement made between an heir and a legatee, to the effect that security should not be accepted from him, is valid, since it is reported in the Semestria that there is a constitution of the divine Marcus stating that the will of the deceased must be preserved in this matter as well.
nec a legatario remissa heredi satisdatio per pactionem ex paenitentia reuocari debet, cum liceat sui iuris persecutionem aut spem futurae perceptionis deteriorem constituere.
Nor should security, once remitted to the heir by the legatee through an agreement, be revoked on account of a change of mind, since it is permissible for one to make the enforcement of one's own right or the hope of future acquisition worse.

Notes

  1. §2.14.46.prconstat — The subject of the impersonal verb `constat` ("it is established") is the accusative and infinitive construction `pactum ... ualidum esse` ("that the agreement is valid").
  2. §2.14.46.prsemestribus — Ablative plural of the noun `semestria` (neuter plural), referring here to the "semiannual records" or Imperial registers containing decisions of the emperor's council.
  3. §2.14.46.prsui iuris — `iuris` functions as an objective genitive modifying `persecutionem`, meaning "the enforcement of one's own right." `sui` is the reflexive possessive adjective.

Cite this passage

Justinian I, The Digest of Justinian §2.14.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.46.pr

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