Humanitext Reader

Justinian I · The Digest of Justinian §28.7.14.pr

Invalidity of Illegal or Immoral Testamentary Conditions

Passage 4334 of 9271 · Latin

Summary

Marcianus explains that illegal, immoral, ridiculous, or disapproved conditions are treated as unwritten, meaning the inheritance or legacy is acquired as if no such condition had been attached.

[MARCIANUS libro quarto institutionum. ] §28.7.14.prCondiciones contra edicta imperatorum aut contra leges aut quae legis uicem obtinent scriptae uel quae contra bonos mores uel derisoriae sunt aut huiusmodi quas praetores improbauerunt pro non scriptis habentur et perinde, ac si condicio hereditati siue legato adiecta non esset, capitur hereditas legatumue.
[MARCIANUS, in the fourth book of the Institutes.] Conditions written contrary to the edicts of the emperors, or contrary to the laws, or contrary to those things which hold the place of law, or which are contrary to good morals, or are ridiculous, or of such a kind as the praetors have disapproved, are treated as not written; and just as if the condition had not been added to the inheritance or the legacy, the inheritance or legacy is acquired.

Notes

  1. §28.7.14.prpro non scriptis habentur — Meaning 'are treated as unwritten'. It represents the Roman law doctrine (pro non scripto) where a flawed condition (such as illegal or impossible ones) in a will is treated as if it were never written, keeping the transaction itself valid and unconditional. 'scriptis' is a feminine ablative plural agreeing with the implied noun 'condicionibus' (conditions).
  2. §28.7.14.prquae legis uicem obtinent — Meaning 'those things which hold the place of law'. This refers to sources of law in the imperial period, such as senatusconsults (senatusconsulta) or imperial constitutions (constitutiones principum), which were not formally laws (leges) passed by assemblies but had the same binding legal authority.
  3. §28.7.14.prderisoriae — Meaning 'ridiculous' or 'derisory'. It refers to conditions that mock the solemnity of a testamentary act, such as absurd or impossible conditions. Like illegal or immoral conditions, these were treated as 'unwritten' to respect the testator's overall intent.

Cite this passage

Justinian I, The Digest of Justinian §28.7.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.7.14.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.