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Justinian I · The Digest of Justinian §30.1.121.pr

Independent Rights in Joint Legacies and Unborn Children

Passage 4719 of 9271 · Latin

Summary

The passage explains the principle that a joint legacy made to one person "along with" another allows either to receive it independently, drawing an analogy from the praetor's decree regarding putting an unborn child in possession.

[MARCIANUS libro tertio regularum. ] §30.1.121.prSi quis legauerit Titio cum Maeuio, et sine altero alter ad legatum admittitur.
[MARCIAN, Rules, Book III] If anyone bequeaths to Titius along with Maevius, even without the one, the other is admitted to the legacy.
nam et cum dicit praetor: 'uentrem cum liberis in possessionem esse iubeo', etsi non sint liberi, uenter in possessionem mittetur.
For also when the praetor says, "I order the unborn child to be in possession along with the children," even if there are no children, the unborn child will be put in possession.

Notes

  1. 30.1.121.prsine altero alter — The phrase "either without the other" (sine altero alter) indicates that a legacy expressed as "to Titius along with Maevius" does not make the entitlement of one dependent on the existence of the other; the right to the legacy is severable.
  2. 30.1.121.pruenter — Literally "belly", but used in Roman law to designate the "unborn child", specifically in the context of the praetorian remedy of putting into possession on behalf of the unborn child (*missio in possessionem uentris nomine*). It serves as an analogy showing that the failure of part of the condition ("with the children") does not defeat the right of the unborn child itself.

Cite this passage

Justinian I, The Digest of Justinian §30.1.121.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.121.pr

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