Humanitext Reader

Justinian I · The Digest of Justinian §30.1.85.pr

Joint Legacies and the Defense of Fraud Against Double Claims

Passage 4681 of 9271 · Latin

Summary

If one of the joint legatees has recovered the monetary value of their share through a personal action, and the other legatee subsequently claims the entire land, the heir can repel the claim for a half share using the exception of fraud to prevent double recovery.

[PAULUS libro undecimo ad Plautium. ] §30.1.85.prDuobus coniunctim fundus erat legatus: alter ex his partis aestimationem per actionem personalem abstulit.
[PAULUS libro undecimo ad Plautium.] A land had been bequeathed to two persons jointly. One of them took away the valuation of his share by a personal action.
alter si fundum totum uindicare uelit, exceptione doli pro parte dimidia repellitur, quia defunctus semel ad eos legatum peruenire uoluit.
If the other should wish to claim the whole land by real action, he is repelled by the exception of fraud for a half share, because the deceased wished the legacy to reach them only once.

Notes

  1. 30.1.85.prpartis aestimationem — partis is a possessive genitive referring to the half share belonging to one of the joint legatees. aestimationem means the monetary valuation of that share, indicating that the legatee claimed the monetary value rather than the physical land itself through a personal action (actionem personalem).
  2. 30.1.85.prsemel — An adverb meaning 'only once' or 'a single time.' It emphasizes that the deceased intended to provide the subject of the legacy (the land or its value) only once in total to both legatees combined, thereby preventing double recovery from the heir.

Cite this passage

Justinian I, The Digest of Justinian §30.1.85.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.85.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.