Humanitext Reader

Justinian I · The Digest of Justinian §31.0.28.pr

Personal Nature of a Patron's Exemption from Trusts

Passage 4754 of 9271 · Latin

Summary

This section discusses whether those who claim the share when a patron declines the inheritance can inherit the patron's privilege of being exempt from performing a trust, concluding that they cannot because the privilege is personal.

[MARCELLUS libro uicesimo nono digestorum. ] §31.0.28.prCum patronus ex debita parte institutus fideicommissum relictum ab eo praestare non cogitur: si omiserit institutionem, qui eam partem uindicant utrum eodem modo retinere an uero praestare debeant fideicommissum? et magis est deberi fideicommissum, quoniam quod illius personae praestaretur, hoc nequaquam ad alium pertinere deberet.
[MARCELLUS, in the twenty-ninth book of the digests.] Since a patron, when instituted for his due share, is not compelled to perform a trust left to be paid by him: if he should decline the institution, should those who claim that share retain it in the same manner, or indeed perform the trust? And it is more correct that the trust is due, because what was granted to the person of that individual should by no means belong to another.

Notes

  1. §31.0.28.prmagis est deberi fideicommissum — The impersonal construction magis est (it is more correct) is followed by the accusative-with-infinitive clause deberi fideicommissum (that the trust is due). This is an idiomatic expression used by jurists to state a preferred legal opinion.
  2. §31.0.28.prquod illius personae praestaretur — The relative pronoun quod contains its antecedent, referring here to the exemption or privilege. praestaretur is in the subjunctive imperfect to denote a hypothetical situation of granting a privilege. illius personae functions as a dative of advantage (to the person of that individual, i.e., the patron).

Cite this passage

Justinian I, The Digest of Justinian §31.0.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:31.0.28.pr

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