[ULPIANUS libro primo responsorum. ] §22.3.22.prEum, qui uoluntatem mutatam dicit, probare hoc debere.
[ULPIANUS, in the first book of the Responses.] He who says that the intention was changed must prove this.
Justinian I · The Digest of Justinian §22.3.22.pr
Burden of Proof for Alteration of Testator's Intent
Summary
Ulpian states that the person who claims that the testator's intention was changed bears the burden of proof.
Notes
- §22.3.22.prEum ... debere — An accusative with infinitive construction (with eum as the subject accusative and debere as the infinitive) where the governing main verb (such as Ulpianus respondit, 'Ulpian answered') is omitted. This is a common formulaic expression when quoting juristic opinions or responses.
- §22.3.22.pruoluntatem mutatam — An accusative with infinitive clause uoluntatem mutatam [esse] (with esse omitted), acting as the object of the relative clause verb dicit. In this context, uoluntatem refers to the intention (will) of the testator.
Cite this passage
Justinian I, The Digest of Justinian §22.3.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.3.22.pr
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