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Justinian I · The Digest of Justinian §21.2.58.pr

Eviction of an Unspecified Bequest and Action on the Will

Passage 3139 of 9271 · Latin

Summary

If a slave who was not specifically bequeathed is evicted after delivery, the legatee can bring an action on the will against the heir, even if the heir was unaware that the slave belonged to another.

[IAUOLENUS libro primo ex Plautio. ] §21.2.58.prHeres seruum non nominatim legatum tradidit et de dolo repromisit: postea seruus euictus est.
[JAVOLENUS, Book I on Plautius.] An heir delivered a slave who had not been specifically bequeathed, and gave a security against fraud; afterwards, the slave was evicted.
Agere cum herede legatarius ex testamento poterit, quamuis heres alienum esse seruum ignorauerit.
The legatee will be able to bring an action on the testament against the heir, although the heir was ignorant that the slave belonged to another.

Notes

  1. §21.2.58.prnon nominatim legatum — Indicates that the slave was not bequeathed as a specific object (by name), but rather as a generic or alternative legacy.
  2. §21.2.58.prde dolo repromisit — The verb repromittere refers to giving a formal security or guarantee by means of a stipulation (stipulatio) against future liability, here specifically concerning fraud (dolus).
  3. §21.2.58.pralienum esse seruum — An accusative and infinitive (Aci) construction serving as the object of the verb ignorauerit, where seruum is the subject accusative and alienum is the predicate.

Cite this passage

Justinian I, The Digest of Justinian §21.2.58.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.58.pr

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