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Justinian I · The Digest of Justinian §30.1.105.pr

Assignment of Actions in Legacies of Debts

Passage 4701 of 9271 · Latin

Summary

Explains that in a legacy concerning a debt owed to the testator, the heir's obligation is limited to assigning the corresponding actions to the legatee.

[IDEM libro primo ex Minicio. ] §30.1.105.prLegatum ita erat: 'quae Lucius Titius mihi 'debet, ea heres meus Cornelio dare damnas esto'. nihil amplius ex hoc legato quam actiones suas heres praestare debet. 30
[THE SAME, from the first book on Minicius.] A legacy was written as follows: 'Whatever Lucius Titius owes to me, let my heir be under obligation to give those things to Cornelius.' Under this legacy, the heir is obliged to provide nothing more than his own actions. 30

Notes

  1. §30.1.105.prquae ... ea — The correlative structure of the relative pronoun quae (neuter plural accusative, object of debet) and its antecedent, the demonstrative pronoun ea (neuter plural accusative, object of dare). It refers to the objects of the debt that the testator had against Titius.
  2. §30.1.105.practiones suas — Refers to the rights of action (legal actions) against the debtor Lucius Titius inherited by the heir from the testator. It means that the heir is not required to pay the legacy out of his own pocket, but only needs to assign these actions to Cornelius to allow him to collect the debt.

Cite this passage

Justinian I, The Digest of Justinian §30.1.105.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.105.pr

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