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Justinian I · The Digest of Justinian §30.1.25.pr

Unconditional Bequests from Son to Father and the Falcidian Law

Passage 4621 of 9271 · Latin

Summary

Paulus explains that an unconditional bequest from an heir-son to his father is valid and is imputed to the father under the Falcidian Law, regardless of paternal power at the time the bequest vests.

[PAULUS libro tertio ad Sabinum. ] §30.1.25.prA filio herede etiam pure patri legari potest nec interest, an die cedente legati in patris potestate sit: igitur et si iussu patris adita sit hereditas, imputabitur ei in Falcidiam.
[PAULUS, Book 3 of Commentary on Sabinus.] A bequest can be made even unconditionally to a father by his son who is the heir, and it does not matter whether the son is under the father's power when the right to the bequest vests; therefore, even if the inheritance is entered upon by the command of the father, it will be imputed to him toward the Falcidian portion.

Notes

  1. 30.1.25.prdie cedente legati — "On the day when the right to the bequest vests." Dies cedens is a technical legal term in Roman law referring to the moment when the right to a bequest becomes vested in the legatee (typically at the testator's death). Legati is a genitive qualifying dies cedens.
  2. 30.1.25.prin patris potestate sit — The subject of the third-person singular subjunctive verb sit is understood from the context to be the aforementioned "son who is the heir" (filius heredes), which is omitted within the indirect question clause introduced by an.
  3. 30.1.25.primputabitur ei in Falcidiam — Ei is a dative referring to the father (patri) who is the legatee. In Falcidiam means "for the purpose of the Falcidian Law (Lex Falcidia)," indicating that this bequest will be calculated as a benefit received by the father in computing the limits on legacies.

Cite this passage

Justinian I, The Digest of Justinian §30.1.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.25.pr

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