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Justinian I · The Digest of Justinian §32.0.24.pr

Legacy by Waiver of the Claim for Undue Payment

Passage 4845 of 9271 · Latin

Summary

It explains that a legacy can be made to a creditor on the condition that what is not owed (undue payment) will not be claimed back from him.

[NERATIUS libro secundo responsorum. ] §32.0.24.prCreditori ita potest legari, ne indebitum ab eo repeteretur.
[NERATIUS from the second book of Responses.] A legacy can be left to a creditor in such a way that what is not owed may not be recovered from him.

Notes

  1. §32.0.24.prita ... ne — The adverb `ita` anticipates the following `ne` clause (denoting purpose, result, or condition/restriction), meaning "in such a way that..." or "on the condition that... not...".
  2. §32.0.24.prindebitum — The neuter singular nominative of the adjective `indebitus` (not owed, not due) used substantively. In legal contexts, it refers to a payment made when no debt actually existed (undue payment).
  3. §32.0.24.prrepeteretur — The third-person singular imperfect subjunctive passive of `repetere` (to claim back, demand return). Although the main verb `potest` is in the present tense, the imperfect subjunctive is used here because it refers to the perspective of the past act of making a will (or its execution), or carries a modal nuance of propriety/hypothetical condition ("should not be claimed back").

Cite this passage

Justinian I, The Digest of Justinian §32.0.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.24.pr

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