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Justinian I · The Digest of Justinian §32.0.21.pr-32.0.21.2

Trusts by Nod and Extinction by Gratuitous Acquisition

Passage 4842 of 9271 · Latin

Summary

Paulus discusses the conditions under which a trust can be left by a nod, the extinguishment of a trust when the object is already acquired gratuitously, and the Senate's regulations regarding trusts of house columns or beams.

[PAULUS libro quarto sententiarum. ] §32.0.21.prNutu etiam relinquitur fideicommissum, dummodo is nutu relinquat, qui et loqui potest, nisi superueniens morbus ei impedimento sit.
[PAULUS from the fourth book of Opinions.] A trust may also be left by a nod, provided that he leaves it by a nod who is also able to speak, unless a supervening illness is an impediment to him.
§32.0.21.1Fideicommissum relictum et apud eum, cui relictum est, ex causa lucratiua inuentum extingui placuit, nisi defunctus aestimationem quoque eius praestari uoluit.
It has been decided that a trust which has been left, if it is found in the possession of the person to whom it was left by a lucrative title, is extinguished, unless the deceased wished its valuation also to be paid.
§32.0.21.2Columnis aedium uel tignis per fideicommissum relictis ea tantummodo amplissimus ordo praestari uoluit nulla aestimationis facta mentione, quae sine domus iniuria auferri possunt.
When columns or beams of a house have been left by trust, the most illustrious order (the Senate) willed that, without any mention of their valuation being made, only those things which can be removed without damage to the house should be delivered.

Notes

  1. §32.0.21.prei impedimento sit — A double dative construction. It combines the dative of person affected, ei (to him), and the dative of purpose or effect, impedimento (as a hindrance), meaning 'serves as an impediment to him'.
  2. §32.0.21.1ex causa lucratiua — Meaning 'by a lucrative (gratuitous) title/cause.' It refers to an acquisition of property without consideration, such as by gift or legacy. If the beneficiary has already acquired the thing gratuitously, the trust is in principle extinguished.
  3. §32.0.21.2amplissimus ordo — Literally 'the most ample/illustrious order,' which in Roman law refers to the Senate (senatus). It indicates that the rule here relies on a specific senatorial decree (senatusconsultum), particularly those regulating the demolition and piecemeal sale of buildings.

Cite this passage

Justinian I, The Digest of Justinian §32.0.21.pr-32.0.21.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.21.pr-32.0.21.2

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