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Justinian I · The Digest of Justinian §32.0.20.pr

Separate Legacies of the Same Thing in Full

Passage 4841 of 9271 · Latin

Summary

It explains that when the same specific thing is left to two persons in full without the intention of sharing, once the thing has been delivered to one party, the other has no claim to the thing itself but holds a full action for its value.

[ULPIANUS libro sexto fideicommissorum. ] §32.0.20.prSi res mihi per fideicommissum relicta eadem tibi legata uel per fideicommissum relicta sit non communicandi animo, sed utrique in solidum, ambigendum non est, si alteri sit soluta, alterum nullum quidem ius in ipsam rem habere, sed actionem de pretio integram eum habere.
[ULPIANUS from the sixth book on Trusts.] If the same thing left to me by trust has been bequeathed or left by trust to you, not with the intention of sharing it, but to each of us in full, there is no doubt that, if it has been paid to one of us, the other has indeed no right to the thing itself, but has an unimpaired action for its value.

Notes

  1. 32.0.20.prnon communicandi animo — "Not with the intention of sharing." The verb communicare means "to make common" or "to share." It indicates that the deceased did not intend to split the property between the two, but rather to give it to each in full (in solidum).
  2. 32.0.20.prambigendum non est, si... alterum... habere — The impersonal expression "ambigendum non est" (there is no doubt) governs an accusative and infinitive (A.c.I.) construction, where the accusative "alterum" serves as the subject and the infinitive "habere" functions as the main verb. The conditional clause "si alteri sit soluta" is a subordinate clause nested within this A.c.I. structure.
  3. 32.0.20.practionem de pretio — "An action for its value." The prepositional phrase "de pretio" indicates the object of the action (actionem), referring to a personal action to claim the monetary value of the thing when the thing itself has already been delivered to the other party and a real action is no longer available.

Cite this passage

Justinian I, The Digest of Justinian §32.0.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.20.pr

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