Justinian I · The Digest of Justinian §30.1.29.pr

Invalidity of Legacies of Debts Lacking New Benefit

Passage 4625 of 9271 · Latin

Summary

Paulus explains that a legacy of a debt is void if the debt is not deferred in manner, time, condition, or place, as it confers no new benefit on the legatee.

[PAULUS libro sexto ad legem Iuliam et Papiam. ] §30.1.29.prsin autem neque modo neque tempore neque condicione neque loco debitum differatur, inutile est legatum.

[PAULUS, Book 6 of Commentary on the Lex Julia et Papia.] If, however, the debt is deferred neither in manner, nor in time, nor by condition, nor by place, the legacy is void.

Notes

30.1.29.prdifferatur — The third-person singular present subjunctive passive of differo (to defer, delay). Within the conditional clause, it indicates that the debt is not suspended or delayed by any of the elements (manner, time, condition, or place). For the legacy of a debt to be valid, it must confer some actual benefit; if it is already immediately payable, the legacy is void (inutile) due to lack of utility.

Cite this passage

Justinian I, The Digest of Justinian §30.1.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.29.pr

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