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Justinian I · The Digest of Justinian §30.1.106.pr

Validity of Damnation Legacy Despite Omitted Verb

Passage 4702 of 9271 · Latin

Summary

The jurist explains that even if the verb 'to give' is omitted from the formula of a legacy by condemnation in a testament, the legacy is still validly owed.

[ALFENUS UARUS libro secundo digestorum a PAULO epitomatorum. ] §30.1.106.prSi in testamento scriptum esset: 'heres meus aureos centum Licinio damnas esto' neque adscripsisset 'dare', deberi legatum constat.
[ALFENUS VARUS, from the second book of the Digests epitomized by PAULUS.] If it were written in a testament: 'Let my heir be under obligation of one hundred gold pieces to Licinius' and [the testator] had not added the word 'to give', it is established that the legacy is owed.

Notes

  1. §30.1.106.prdamnas esto — A traditional imperative formula for creating a legacy by condemnation (legatum per damnationem). It usually governs an infinitive such as dare ('to give') or facere ('to do'), which is omitted here. The text establishes that the legacy is nevertheless valid.
  2. §30.1.106.prdeberi legatum — An accusative with infinitive clause functioning as the subject of the impersonal verb constat ('it is established'). legatum is the subject accusative, and deberi is the present passive infinitive, meaning 'that the legacy is owed'.

Cite this passage

Justinian I, The Digest of Justinian §30.1.106.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.106.pr

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