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Justinian I · The Digest of Justinian §30.1.127.pr

Trusts Imposed on a Brother's Posthumous Child

Passage 4725 of 9271 · Latin

Summary

Paulus states that a trust can be imposed on a brother's posthumous child because in trusts only the testator's intention is respected, and according to Gallus' established opinion, even another person's posthumous child can become an intestate heir.

[IDEM libro singulari de iure codicillorum. ] §30.1.127.prA fratris postumo fideicommissum dari potest: sola enim uoluntas seruatur in fideicommissis, et optinuit Galli sententia alienos quoque postumos legitimos nobis heredes fieri.
[THE SAME, On the Law of Codicils, Single Book] A trust can be given by a brother's posthumous child; for in trusts only the intention is respected, and Gallus' opinion has prevailed that even posthumous children of another can become our intestate heirs.

Notes

  1. 30.1.127.proptinuit — The verb obtinere (optinere) is used here intransitively to mean "to prevail" or "to become established as a standard rule". Its subject is Galli sententia (the opinion of Gallus), which is accompanied by an accusative with infinitive clause (alienos quoque postumos ... heredes fieri) explaining the content of his opinion.
  2. 30.1.127.prA fratris postumo — The preposition a/ab with the ablative indicates the person on whom the trust is imposed (the trustee). Although the posthumous child (postumus) is not yet born, they can be made a debtor of the trust conditional upon their future birth.

Cite this passage

Justinian I, The Digest of Justinian §30.1.127.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.127.pr

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