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Justinian I · The Digest of Justinian §30.1.23.pr

Bequest of a Share of Property and Fruits in Absence of Heir's Default

Passage 4619 of 9271 · Latin

Summary

It states the current rule that if a portion of property is bequeathed, it is delivered without its fruits unless there has been a default on the part of the heir.

[PAULUS libro tertio ad Sabinum. ] §30.1.23.prSi quis bonorum partem legauerit, hodie fit, sine fructibus restituitur, nisi mora intercesserit heredis.
[PAULUS, Book 3 of Commentary on Sabinus.] If anyone bequeaths a part of his property, as is the practice today, it is restored without the fruits, unless there has been default on the part of the heir.

Notes

  1. 30.1.23.prhodie fit — The parenthetical phrase "it is done today" or "as is the practice today," used to indicate a shift in legal practice, clarifying the contemporary rule in contrast with older law.
  2. 30.1.23.prrestituitur — A third-person singular passive verb. Its subject is the feminine singular noun `pars` ("part"), supplied from the accusative object `partem` in the preceding conditional clause. In Roman legal texts, `restituere` is used in a broad sense to mean "to deliver" or "to hand over" a bequeathed object to its rightful recipient, rather than strictly "to restore" in a physical sense.

Cite this passage

Justinian I, The Digest of Justinian §30.1.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.23.pr

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