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Justinian I · The Digest of Justinian §29.4.24.pr-29.4.24.1

Liability for Legacies Limited to Benefit After Tutor's Fraud

Passage 4538 of 9271 · Latin

Summary

If a pupil, due to their tutor's fraud, rejects a will and takes the intestate estate, their liability for legacies is limited to their actual acquisition, a rule which jurists also apply to adults.

[PAULUS libro sexagesimo ad edictum. ] §29.4.24.prSi dolo tutoris omiserit pupillus causam testamenti et legitimam hereditatem possideat, danda est legatorum actio in pupillum, sed eatenus, quatenus hereditas ei adquisita est.
[PAULUS, in the sixtieth book on the Edict.] If, through the fraud of his tutor, a pupil has let slip the opportunity of acquiring under a will and possesses the intestate inheritance, an action for legacies must be granted against the pupil, but only to the extent that the inheritance has been acquired by him.
quid enim, si cum alio possideat hereditatem?
For what if he possesses the inheritance together with another?
§29.4.24.1Sed hoc et in eo qui pubes est plerique putant obseruandum, ut pro qua parte possideat, teneatur, quamuis praetor perinde in eum det actionem, atque si adisset hereditatem.
But most jurists think that this should also be observed in the case of one who is of full age, so that he is held liable in proportion to the share he possesses, although the praetor grants an action against him just as if he had accepted the inheritance.

Notes

  1. §29.4.24.prcausam testamenti — Here, causam means the "cause" or "opportunity" of inheriting under a will, serving as the direct object of the verb omiserit (to neglect or let slip).
  2. §29.4.24.1obseruandum — A gerundive forming the accusative-with-infinitive construction obseruandum [esse] as the object of plerique putant, with the demonstrative pronoun hoc as its subject accusative.
  3. §29.4.24.1pro qua parte — A relative adjective construction equivalent to pro ea parte, qua [parte]... ("in proportion to that part which [he possesses]"), with the antecedent incorporated.

Cite this passage

Justinian I, The Digest of Justinian §29.4.24.pr-29.4.24.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.4.24.pr-29.4.24.1

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