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Justinian I · The Digest of Justinian §28.1.17.pr

Testamentary Incapacity Due to Mental Illness

Passage 4107 of 9271 · Latin

Summary

It states that a person who has lost their mental faculties due to a physical illness cannot make a testament during that time.

[PAULUS libro tertio sententiarum. ] §28.1.17.prIn aduersa corporis ualetudine mente captus eo tempore testamentum facere non potest.
[PAULUS, in the third book of Opinions.] A person deprived of his senses during a bodily illness cannot make a testament at that time.

Notes

  1. §28.1.17.prmente captus — Literally 'one captured in mind' (with mente being an ablative of specification), referring to a person who is mentally incapacitated or insane. Here, combined with the preceding phrase 'in aduersa corporis ualetudine', it refers to someone who temporarily loses their mental faculties due to a bodily illness (such as high fever).
  2. §28.1.17.preo tempore — An ablative of time, meaning 'at that time' (i.e., during the period of mental incapacity caused by the illness). This is understood in contrast to the legal principle that insane persons possess testamentary capacity during 'lucid intervals' (lucidum intervallum).

Cite this passage

Justinian I, The Digest of Justinian §28.1.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.1.17.pr

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