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Justinian I · The Digest of Justinian §29.6.2.pr-29.6.2.2

Preventing Will-Making and Allocation of Trust Property

Passage 4575 of 9271 · Latin

Summary

This section dictates the denial of actions to anyone who maliciously prevents witnesses from attending a will-making, establishes that a brother's act does not harm his brother, and regulates the transition of a trust-inheritance to the treasury and the beneficiary when the trustee commits fraud.

[PAULUS libro quadragensimo quarto ad edictum. ] §29.6.2.prSi quis dolo malo fecerit, ut testes non ueniant, et per hoc deficiatur facultas testamenti faciendi, denegandae sunt actiones ei qui dolo fecerit, siue legitimus heres sit siue priore testamento scriptus.
[PAULUS in his forty-fourth book on the Edict.] If anyone has acted with malice to prevent witnesses from coming, and thereby the opportunity of making a will is lost, actions must be denied to the one who has so acted, whether he is the intestate heir or was appointed in a prior will.
§29.6.2.1Fratris autem factum fratri non nocet.
However, the act of a brother does not prejudice his brother.
§29.6.2.2Si fidei eius qui dolum admisit commissum est, ut hereditatem restitueret: ea hereditas caduca cum suis oneribus fiet, ut commodum legis Falcidiae fiscus sentiat, dodrantis autem fideicommissarius.
If it was entrusted to the good faith of the person who committed the fraud to restore the inheritance, that inheritance will become lapsed with its own burdens, so that the treasury shall receive the benefit of the Falcidian law, and the beneficiary of the trust shall receive that of the three-quarters.

Notes

  1. §29.6.2.prdeficiatur — Passive subjunctive present third-person singular of the verb `deficere`, with `facultas` as its subject, expressing within the `ut` clause the consequence of the malicious prevention (that the opportunity of making a will is "lost" or "lacking").
  2. §29.6.2.2dodrantis — Genitive singular of `dodrans` (nine-twelfths or three-quarters), modifying the omitted accusative `commodum` (benefit). Under the Falcidian Law (Lex Falcidia), while the minimum quarter (quadrans) reserved for the heir goes to the treasury (`fiscus`) due to the heir's fraud, the remaining three-quarters (`dodrans`) go to the beneficiary of the trust (`fideicommissarius`).

Cite this passage

Justinian I, The Digest of Justinian §29.6.2.pr-29.6.2.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.6.2.pr-29.6.2.2

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