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Justinian I · The Digest of Justinian §30.1.27.pr

Delivering a Share Legacy in Specific Objects

Passage 4623 of 9271 · Latin

Summary

Paulus explains that the heir, with the consent of the legatee or by the decision of the judge, may deliver the bequeathed share of the inheritance concentrated in a few items or in a single item, to prevent the legatee from having to claim shares in every single object.

[PAULUS libro nono ad Plautium. ] §30.1.27.prPotest autem heres uel paucioribus uel in una re relictam partem legatario dare, in quam uel legatarius consenserit uel iudex aestimauerit, ne necesse haberet legatarius in omnibus rebus uindicare portionem.
[PAULUS, Book 9 of Commentary on Plautius.] Moreover, the heir can give the bequeathed share to the legatee in fewer things or in a single thing, to which either the legatee has consented or the judge has estimated, so that the legatee would not find it necessary to claim his share in all the things.

Notes

  1. 30.1.27.prin quam — The antecedent of the relative pronoun quam (feminine accusative singular) is relictam partem. The preposition in directly responds to the verb consenserit (consentire in meaning "to consent to"), but also semantically governs the parallel verb aestimauerit.
  2. 30.1.27.prpaucioribus — An ablative plural of the comparative adjective, with the noun rebus omitted. In contrast with the subsequent uel in una re, it is understood as uel [in] paucioribus [rebus], where the preposition in is omitted in the first phrase.
  3. 30.1.27.prnecesse haberet — While the main verb in the principal clause is potest (present tense), the imperfect subjunctive haberet (secondary sequence) is used in the purpose clause. This shift occurs because the underlying legislative purpose or the institutional intent of the rule is viewed from a past perspective. Additionally, necesse habere takes the infinitive (uindicare) to mean "to have a necessity to."

Cite this passage

Justinian I, The Digest of Justinian §30.1.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.27.pr

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