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Justinian I · The Digest of Justinian §30.1.112.pr-30.1.112.4

Validity of Specific Legacies and Void Conditions

Passage 4709 of 9271 · Latin

Summary

It discusses the invalidity of bequeathing tenants without their land, the heir's liability for the value of a bequeathed slave if manumitted or donated, joint legacies, and the nullity of illegal, immoral, or contrary-to-law clauses and oaths in a will.

[IDEM libro sexto institutionum. ] §30.1.112.prSi quis inquilinos sine praediis quibus adhaerent legauerit, inutile est legatum: sed an aestimatio debeatur, ex uoluntate defuncti statuendum esse diui Marcus et Commodus rescripserunt.
[THE SAME, in the sixth book of Institutes.] If anyone bequeaths tenants without the lands to which they are attached, the legacy is void; but the deified Marcus and Commodus replied by rescript that whether their valuation is due must be determined according to the intention of the deceased.
§30.1.112.1Cum seruum suum heres damnatus dare eum manumiserit, tenetur in eius aestimationem, nec interest, scierit an ignorauerit legatum.
When an heir who is ordered to give his own slave has manumitted him, he is liable for his valuation, and it does not matter whether he knew or was ignorant of the legacy.
sed et si donauerit seruum heres et eum is cui donatus est manumiserit, tenetur heres, quamuis ignorauerit a se eum legatum esse.
But even if the heir has donated the slave, and the person to whom he was donated has manumitted him, the heir is liable, although he was ignorant that the slave had been bequeathed by him.
§30.1.112.2Si ita legatum fuerit 'Titio cum Seio do lego', utrisque legatum est, sicut utrumque legatum est, cum fundus cum domo Formiana legatus est.
If a legacy is made in this way, "I give and bequeath to Titius along with Seius," it is bequeathed to both, just as both are bequeathed when a land is bequeathed along with the house at Formiae.
§30.1.112.3Si quis scripserit testamento fieri, quod contra ius est uel bonos mores, non ualet, ueluti si quis scripserit contra legem aliquid uel contra edictum praetoris uel etiam turpe aliquid.
If anyone writes in a will that something should be done which is contrary to law or good morals, it is of no effect; as, for example, if anyone writes something contrary to a statute, or contrary to the Edict of the Praetor, or even something base.
§30.1.112.4Diui Seuerus et Antoninus rescribserunt iusiurandum contra uim legum et auctoritatem iuris in testamento scriptum nullius esse momenti.
The deified Severus and Antoninus replied by rescript that an oath written in a will contrary to the force of the statutes and the authority of the law is of no importance.

Notes

  1. 30.1.112.1heres damnatus dare — "damnatus" is the perfect passive participle of "damno" (to obligate/sentence). Combined with the infinitive "dare" (to give/hand over), it means "an heir obligated to give." This is a technical legal expression originating from the Roman law concept of legacy by condemnation (legatum per damnationem).
  2. 30.1.112.1a se — Indicates the agent of the passive voice in the accusative with infinitive (A.C.I.) construction "eum legatum esse." "se" is a reflexive pronoun referring back to the main subject "heres" (the heir), meaning "bequeathed by himself."
  3. 30.1.112.4nullius esse momenti — The genitive "nullius momenti" (genitive of quality) is used predicatively with the infinitive "esse" to mean "of no importance" or "of no effect." It forms the predicate of the indirect speech (A.C.I.) with the accusative "iusiurandum" as its subject.

Cite this passage

Justinian I, The Digest of Justinian §30.1.112.pr-30.1.112.4. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.112.pr-30.1.112.4

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