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Justinian I · The Digest of Justinian §27.1.27.pr

Acquisition of Legacy for Beneficiaries Despite Excuse

Passage 3968 of 9271 · Latin

Summary

This section states that a legatee who seeks excuse from guardianship, but is requested to restore the legacy to another, still obtains the legacy for the benefit of the trust beneficiary, and that a similar rule applies to a person who unsuccessfully sued for forgery.

[MARCIANUS libro quinto regularum. ] §27.1.27.prLegatarius, qui rogatus est alii omne legatum restituere, si maluit se excusare a tutela, legatum propter fideicommissarium consequitur: cui similis est, qui de falso egit nec optinuit.
[MARCIANUS, from the fifth book of Rules.] A legatee who has been requested to restore the entire legacy to another, if he preferred to excuse himself from guardianship, obtains the legacy on account of the beneficiary of the trust; similar to him is one who brought an action for forgery and did not prevail.

Notes

  1. §27.1.27.prpropter fideicommissarium — The preposition `propter` (governing the accusative) means "on account of" or "for the sake of". Although a legatee who declines guardianship generally forfeits the legacy, this phrase explains that the acquisition is exceptionally allowed not for the legatee's own benefit, but to protect the interest of the beneficiary of the trust (`fideicommissarius`).
  2. §27.1.27.prcui — A relative connection (connection relative) referring back to the legatee who obtains the legacy in the preceding clause. It is in the dative case because it is governed by the adjective `similis`.

Cite this passage

Justinian I, The Digest of Justinian §27.1.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.1.27.pr

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