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Justinian I · The Digest of Justinian §30.1.40.pr

Fideicommissum of Incapable Property and Valuation Payment

Passage 4636 of 9271 · Latin

Summary

Ulpian discusses the case of a fideicommissum of a thing belonging to another which the legatee has no capacity to trade or possess, stating that its valuation must be paid.

[IDEM libro secundo fideicommissorum. ] §30.1.40.prSed si res aliena, cuius commercium legatarius non habet, ei cui ius possidendi non est per fideicommissum relinquatur, puto aestimationem deberi.
[THE SAME, Book 2 on Fideicommissa.] But if a thing belonging to another, of which the legatee does not have the right of commerce, is left by fideicommissum to him who does not have the right of possessing it, I think that its valuation is due.

Notes

  1. 30.1.40.prei cui ius possidendi non est — The dative pronoun `ei` refers to the legatee (or fideicommissary). `ius possidendi` means "the right of possessing" or "holding." This clause assumes a scenario where the legatee, due to legal restrictions, lacks the capacity for commerce or possession regarding the bequeathed thing.
  2. 30.1.40.prputo aestimationem deberi — In contrast to 39.10, where the payment of the valuation was denied for the Emperor's private estates (`nec aestimatio eorum debet praestari`), this passage shows that when a thing belonging to another (`res aliena`) is left by fideicommissum (`per fideicommissum`), the valuation is due, establishing a contrast. `deberi` is the passive infinitive, taking `aestimationem` as its subject, forming an indirect statement dependent on `puto`.

Cite this passage

Justinian I, The Digest of Justinian §30.1.40.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.40.pr

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