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Justinian I · The Digest of Justinian §32.0.2.pr

Prohibition of Trusts Charged on a Passed-Over Son

Passage 4822 of 9271 · Latin

Summary

Explains that a trust cannot be left charged upon a son who has been passed over in a will, even if he will become a self-successor (suus heres).

[GAIUS libro primo fideicommissorum. ] §32.0.2.prEx filio praeterito, licet suus heres erit, fideicommissum relinqui non potest.
[GAIUS from the first book on trusts.] From a son who has been passed over, even though he will be a self-successor, a trust cannot be left.

Notes

  1. §32.0.2.prex filio praeterito — "From a passed-over son". The preposition ex indicates the person charged with the duty of fulfilling the trust (the person from whom the trust is left).
  2. §32.0.2.prlicet suus heres erit — Although licet typically takes the subjunctive in classical Latin, here it is used with the future indicative erit to mean "even though he will be...". The term suus heres (self-successor) refers to a family member who was under the power of the deceased and becomes an heir directly upon the deceased's death.

Cite this passage

Justinian I, The Digest of Justinian §32.0.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.2.pr

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