Humanitext Reader

Justinian I · The Digest of Justinian §31.0.60.pr

Lapse of Conditional Trust Due to Prior Death of Beneficiary

Passage 4787 of 9271 · Latin

Summary

Julian expresses the view that when a conditional trust fails because the beneficiary dies before the fulfillment of the condition, the lapsed trust property remains with the trustee rather than reverting to the heir.

[ULPIANUS libre sexto decimo ad legem Iuliam et Papiam. ] §31.0.60.prIulianus ait, si a filio herede legatum sit Seio fideique eius commissum fuerit sub condicione ut Titio daret, et Titius pendente condicione decesserit, fideicommissum deficiens apud Seium manet, non ad filium heredem pertinet, quia in fideicommissis potiorem causam habere eum, cuius fides electa sit, senatus uoluit.
[ULPIANUS in the sixteenth book on the Lex Iulia et Papia.] Julian says: if a legacy has been given to Seius by a son who is the heir, and a trust has been imposed on his good faith under the condition that he should give it to Titius, and Titius dies while the condition is pending, the failed trust remains with Seius and does not belong to the son who is the heir; for the senate willed that, in cases of trusts, the person whose good faith was chosen should have the stronger claim.

Notes

  1. §31.0.60.prfideique eius commissum fuerit — "eius" refers to the recipient of the legacy, Seius. "fidei committere" is a legal idiom meaning "to entrust to someone's good faith" (i.e., to create a trust/fideicommissum). Here it is in the passive perfect subjunctive, showing that Seius was charged with the obligation to give it to Titius under a condition.
  2. §31.0.60.prpotiorem causam habere eum, cuius fides electa sit — This is an accusative with infinitive (AcI) construction dependent on "senatus uoluit" (the senate willed). The infinitive is "habere", and its subject accusative is "eum", which is modified by the relative clause "cuius fides electa sit" (the one whose good faith was chosen, i.e., the trustee Seius). "Potiorem causam habere" means to have a stronger legal position or a better claim to keep the property when the trust fails.

Cite this passage

Justinian I, The Digest of Justinian §31.0.60.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:31.0.60.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.