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Justinian I · The Digest of Justinian §31.0.20.pr

Legacy to a Common Slave and Non-Accrual on Repudiation

Passage 4746 of 9271 · Latin

Summary

In a legacy left to a common slave, if one of the masters declines the legacy, it does not accrue to the other master, because the legacy is considered to be given in parts according to their respective shares in the slave.

[IDEM libro nono decimo digestorum. ] §31.0.20.prEt Proculo placebat et a patre sic accepi, quod seruo communi legatum sit, si alter dominorum omitteret, alteri non adcrescere: non enim coniunctim, sed partes legatas: nam ambo si uindicarent, eam quemque legati partem habiturum, quam in seruo haberet.
[THE SAME, in the nineteenth book of his digests.] Both Proculus approved this, and I received it thus from my father, that regarding what is bequeathed to a common slave, if one of the masters should decline it, it does not accrue to the other; for the legacy was not given jointly, but in parts; for if both should claim it, each would have that part of the legacy which he had in the slave.

Notes

  1. §31.0.20.prquod seruo communi legatum sit — The quod clause functions as a noun clause explaining the specific substance of the main verbs 'placebat' (approved) and 'accepi' (received).
  2. §31.0.20.prnon adcrescere — An accusative with infinitive construction in indirect speech. It depends on 'placebat' and 'accepi', with the subject accusative (the legacy or its share) being omitted.
  3. §31.0.20.prpartes legatas — An ellipsis of 'partes legatas esse'. It functions as an accusative with infinitive clause explaining the reason following 'non enim coniunctim'.
  4. §31.0.20.pream quemque legati partem habiturum — An ellipsis of the future active infinitive 'habiturum esse', forming an accusative with infinitive construction with 'quemque' as its subject. The noun 'partem' is modified by the relative clause 'quam in seruo haberet'.

Cite this passage

Justinian I, The Digest of Justinian §31.0.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:31.0.20.pr

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