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Justinian I · The Digest of Justinian §2.15.12.pr

General Compromise on Bequests and Later-Found Codicils

Passage 441 of 9271 · Latin

Summary

A person who made a general compromise regarding testated bequests cannot later claim they only thought of the first part of the testament; however, if codicils are discovered later, they may reasonably argue that they only had in mind the documents they knew of at the time.

[CELSUS libro tertio digestorum. ] §2.15.12.prNon est ferendus qui generaliter in his, quae testamento ei relicta sunt, transegerit, si postea causetur de eo solo se cogitasse, quod prima parte testamenti ac non etiam quod posteriore legatum sit.
[CELSUS in the third book of the Digests.] He is not to be tolerated who, having made a compromise generally regarding what was left to him by a testament, should afterwards plead that he had in mind only what was bequeathed in the first part of the testament and not also what was bequeathed in the subsequent part.
si tamen postea codicilli proferuntur, non improbe mihi dicturus uidetur de eo dumtaxat se cogitasse, quod illarum tabularum, quas tunc nouerat, scriptura contineretur.
If, however, codicils are produced afterwards, it seems to me that he would not unreasonably say that he had in mind only what was contained in the writing of those tablets which he then knew of.

Notes

  1. §2.15.12.prNon est ferendus qui — The gerundive phrase 'non est ferendus' expresses necessity or propriety ('is not to be tolerated / borne'). The antecedent of the relative clause 'qui ... transegerit' is omitted, and this omitted pronoun serves as the subject of the passive construction.
  2. §2.15.12.prde eo solo se cogitasse — An accusative with infinitive construction (indirect discourse) depending on 'causetur' ('should plead/excuse'). The pronoun 'se' is reflexive, referring to the subject of 'causetur'. 'cogitasse' is a syncopated form of 'cogitavisse' (perfect active infinitive). 'eo' in 'de eo solo' points forward to the appositive or relative 'quod' clause.
  3. §2.15.12.prnon improbe mihi dicturus uidetur — A nominative with infinitive (NCI) construction with 'uidetur' ('he seems'). The future active participle 'dicturus' (with 'esse' omitted) acts as the predicate nominative agreeing with the implied subject of 'uidetur'. 'mihi' is a dative of reference or person judging ('to me / in my opinion'). Literally, 'he seems to be about to say not improperly...'.

Cite this passage

Justinian I, The Digest of Justinian §2.15.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.15.12.pr

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