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Justinian I · The Digest of Justinian §32.0.16.pr

Increase of Legacy by Alluvion and Island Formation

Passage 4837 of 9271 · Latin

Summary

This section explains that a legacy handed over to a fideicommissary may sometimes be larger than when it was originally left, such as when land is increased by alluvion or when islands are formed.

[POMPONIUS libro primo fideicommissorum. ] §32.0.16.prSaepe legatum plenius restituetur fideicommissario quam esset relictum, ueluti si alluuione ager auctus esset uel etiam insulae natae.
[POMPONIUS from the first book on Trusts.] Often a legacy will be restored to the fideicommissary in a fuller state than that in which it had been left, as for instance if a piece of land has been increased by alluvion or even if islands have been formed.

Notes

  1. §32.0.16.presset relictum — The subjunctive pluperfect is used in the clause introduced by the comparative conjunction `quam`, representing a hypothetical comparison ('than it would have been left') relative to the past time of the testament.
  2. §32.0.16.prinsulae natae — The auxiliary verb `essent` is omitted, which would correspond to `auctus esset` in the first part of the conditional clause (i.e., `insulae natae [essent]`). It refers to the legal scenario where an island is formed in a river, increasing the land area.
  3. §32.0.16.prrestituetur — Although the verb `restituere` usually means 'to restore' or 'to return,' in the context of trusts (`fideicommissum`), it specifically means 'to hand over' or 'to deliver' the trust property from the trustee to the beneficiary (`fideicommissarius`).

Cite this passage

Justinian I, The Digest of Justinian §32.0.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.16.pr

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