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Justinian I · The Digest of Justinian §29.4.8.pr

Conditional Heir Waiving Will and Denial of Relief to Third Parties

Passage 4522 of 9271 · Latin

Summary

The passage discusses whether relief should be granted to a third party who was the object of a condition, when the designated heir bypasses the will to claim the inheritance as on intestacy, concluding that relief should be denied.

[ULPIANUS libro quinquagesimo ad edictum. ] §29.4.8.prSi quis sub condicione dandorum decem uel qua alia, quae in dando uel in faciendo fuit, heres institutus omissa causa testamenti ab intestato possideat hereditatem, uidendum est, an huic, in cuius personam condicio collata est, subueniri debeat.
[ULPIANUS in the fiftieth book of his Commentary on the Edict] If anyone, having been designated heir under the condition of giving ten or under some other condition which consisted in giving or doing, should bypass the basis of the will and possess the inheritance as on intestacy, it must be considered whether relief ought to be granted to the person in whose favor the condition was imposed.
et magis est, ne subueniatur: neque enim legatarius est.
And the better view is that relief should not be granted; for he is not a legatee.

Notes

  1. §29.4.8.prdandorum decem — dandorum is the genitive plural of the gerundive, modifying the indeclinable numeral decem (ten, with a noun like coins understood). The entire phrase expresses the specific content of the condicione ("under the condition of giving ten").
  2. §29.4.8.prsubueniri debeat — Since the verb subuenio (to relieve, help) governs the dative, its passive voice is used impersonally here (subueniri). There is no nominative subject, and the logical recipient of the relief is the dative huic ("to this person") at the beginning of the an clause.
  3. §29.4.8.pret magis est, ne — magis est is an impersonal expression meaning "it is more likely" or "the better opinion is," introducing a clause with ne (or ut) to indicate the content. Here it means "the better view is that relief should not be granted (ne subueniatur)."

Cite this passage

Justinian I, The Digest of Justinian §29.4.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.4.8.pr

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