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Justinian I · The Digest of Justinian §29.1.21.pr

One-Year Post-Discharge Validity of Wills and Military Rank

Passage 4380 of 9271 · Latin

Summary

Discusses the rule on the one-year post-discharge validity of wills made during military service, explaining that this privilege applies only to regularly discharged soldiers and not to officers like prefects or tribunes who cease service upon the arrival of their successors.

[AFRICANUS libro quarto quaestionum. ] §29.1.21.prQuod constitutum est, ut testamentum militiae tempore factum etiam intra annum post missionem ualeret, quantum ad uerba eius ad eos dumtaxat qui mitti solent id beneficium pertinere existimauit: secundum quod neque praefectos neque tribunos aut ceteros, qui successoribus acceptis militare desinunt, hoc priuilegium habituros.
[AFRICANUS, in his fourth book of Questions.] Regarding the rule established that a will made during the period of military service should remain valid even within a year after discharge, he estimated that, so far as its words are concerned, this benefit pertains only to those who are accustomed to be discharged; according to which, neither prefects nor tribunes, nor others who cease to serve upon receiving their successors, will have this privilege.

Notes

  1. §29.1.21.prQuod constitutum est — This is a construction of topic-presentation introduced by the relative pronoun "quod" ("As to the rule established..."), which refers to the following "ut" clause.
  2. §29.1.21.prsuccessoribus acceptis — This is an ablative absolute ("successors having been received"), expressing the means or circumstance under which they cease their military service.

Cite this passage

Justinian I, The Digest of Justinian §29.1.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.1.21.pr

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