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Justinian I · The Digest of Justinian §30.1.18.pr

Invalid Self-Burden and Claim to the Entire Legacy by a Co-Heir

Passage 4614 of 9271 · Latin

Summary

Explains that a co-heir can claim the entire legacy, even if the portion of the legacy charged to himself from his own share was invalid.

[IULIANUS libro trigesimo primo digestorum. ] §30.1.18.pret quidem totum legatum petere potest, quamuis a semet ipso inutiliter ei legatum fuisset.
[JULIANUS, Book 31 of the Digests.] And indeed, he can claim the whole legacy, although it had been invalidly bequeathed to him from himself.

Notes

  1. 30.1.18.pra semet ipso — Meaning "from himself." When a legacy is left to one of the co-heirs, the obligation is divided among the heirs. However, since one cannot owe an obligation to oneself, the portion of the legacy charged to his own share is invalid. This phrase refers to that self-charged portion.
  2. 30.1.18.prquamuis ... fuisset — The conjunction quamuis here takes the subjunctive pluperfect fuisset to introduce a concessive clause ("although / even if it had been...").

Cite this passage

Justinian I, The Digest of Justinian §30.1.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.18.pr

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