Humanitext Reader

Justinian I · The Digest of Justinian §31.0.25.pr

Claims on Immediate Trusts in the Absence of Beneficiaries

Passage 4751 of 9271 · Latin

Summary

In a trust to be performed on the present day, if only those present make a claim while some are absent, a decision must be made after a legal examination of the case, investigating whether the absent parties also intend to claim.

[MARCELLUS libro quinto decimo digestorum. ] §31.0.25.prSi tamen quibusdam absentibus praesentes petent, cum praesenti die relictum sit fideicommissum, causa cognita statuendum est explorandumque, an et alii sint petituri.
[MARCELLUS, in the fifteenth book of the digests.] If, however, those who are present claim while some are absent, since the trust was left [to be performable] on the present day, a decision must be made after examining the case, and it must be investigated whether others also are going to claim.

Notes

  1. 31.0.25.prquibusdam absentibus — An ablative absolute construction consisting of the pronoun `quibusdam` and the present participle `absentibus`, expressing attendant circumstances ("while some are absent") or concession ("although some are absent").
  2. 31.0.25.prcausa cognita — An ablative absolute construction consisting of the noun `causa` and the perfect passive participle `cognita` (from noscere/cognoscere, "to examine"). It is a formal technical term in Roman law, meaning "after the case has been examined/investigated [by the magistrate or judge]."

Cite this passage

Justinian I, The Digest of Justinian §31.0.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:31.0.25.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.