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Justinian I · The Digest of Justinian §31.0.46.pr

Inclusion of Debts Not Yet Due in Bequests of Claims

Passage 4773 of 9271 · Latin

Summary

Proculus discusses how the presence or absence of the words 'whether presently due or on a future day' in a bequest of debt affects whether claims not yet due at the testator's death are included.

[PROCULUS libro quinto epistularum. ] §31.0.46.prSi scripsisset qui legabat: 'quidquid mihi Lucium Titium dare facere oportet, Sempronio lego' nec adiecit 'praesens in diemue', non dubitarem, quantum ad uerborum significationem attineret, quin ea pecunia comprehensa non esset, cuius dies moriente eo, qui testamentum fecisset, nondum uenisset.
[PROCULUS in the fifth book of Epistles.] If the person making the legacy had written: 'Whatever Lucius Titius ought to give or do to me, I bequeath to Sempronius,' and did not add 'whether presently due or on a future day,' I would not doubt, so far as the meaning of the words is concerned, that that money was not included, the day of payment for which had not yet come at the time of the death of the person who made the will.
adiciendo autem haec uerba 'praesens in diemue' aperte mihi uidetur ostendisse eam quoque pecuniam legare uoluisse.
However, by adding these words 'whether presently due or on a future day,' he seems to me to have clearly shown that he wished to bequeath that money as well.

Notes

  1. 31.0.46.prnon dubitarem... quin ea pecunia comprehensa non esset — Since the 'quin' clause is introduced by the negated verb 'non dubitarem' (I would not doubt) and contains an additional negation 'non' ('comprehensa non esset'), it functions as a double negation, meaning 'I would not doubt that the money was not included' (i.e., 'I would be certain that it was excluded').
  2. 31.0.46.prpraesens in diemue — 'praesens' refers to an obligation that is immediately due, while 'in diem' refers to an obligation deferred to a future specified day. Whether these terms are added determines whether claims whose day of payment had not yet arrived at the testator's death ('cuius dies... nondum uenisset') are included in the legacy.

Cite this passage

Justinian I, The Digest of Justinian §31.0.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:31.0.46.pr

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