[IDEM libro secundo fideicommissorum. ] §30.1.42.prsiue scit, siue ignorauit.
[THE SAME, Book 2 on Fideicommissa.] whether he knows, or was ignorant.
Justinian I · The Digest of Justinian §30.1.42.pr
Survival of Legacy upon Annexation to House by Heir
Summary
Explains that if the heir joined the bequeathed items to the house, the legacy is not extinguished, regardless of whether the heir knew or was ignorant of the legacy.
Notes
- 30.1.42.prsiue scit, siue ignorauit — This clause directly continues the sentence at the end of the previous fragment (D.30.1.41.16), "But if the heir joined them, I think it is not extinguished." The subject is contextually the heir (heres), and the omitted object is the existence of the legacy (legatum). Despite the discrepancy in tenses between the present (scit) and the perfect (ignorauit), it indicates that the legacy remains valid regardless of whether the heir knew of its existence (or was ignorant of it when joining them).
Cite this passage
Justinian I, The Digest of Justinian §30.1.42.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.42.pr
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