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Justinian I · The Digest of Justinian §32.0.36.pr

Undutiful Wills and Invalidation of Trust-Bequests

Passage 4857 of 9271 · Latin

Summary

It explains that if a testament is declared undutiful and thus invalid, all dispositions relating to the deceased's last wishes, including trust-bequests given on intestacy, are also rendered invalid.

[Apud SCAEUOLAM libro octauo decimo digestorum CLAUDIUS notat. ] §32.0.36.prNec fideicommissa ab intestato data debentur ab eo, cuius de inofficioso testamento constitisset, quia crederetur quasi furiosus testamentum facere non potuisse, ideoque nec aliud quid pertinens ad suprema eius iudicia ualet.
[In the eighteenth book of Scaevola's Digests, Claudius notes.] Nor are trust-bequests given on intestacy owed by him whose testament has been established as undutiful, because he is believed to have been unable to make a testament, as if he were insane, and therefore nothing else pertaining to his last wishes is valid.

Notes

  1. §32.0.36.prcuius de inofficioso testamento constitisset — constitisset is used impersonally to mean "it had been established/decided." cuius is the genitive of the relative pronoun referring to the antecedent eo, meaning "he whose testament had been established as undutiful (in an action regarding an undutiful testament)."
  2. §32.0.36.prcrederetur — The subjunctive imperfect is used in the quia clause to present a legal fiction (that the testator is deemed to have been insane) as the subjective and logical ground for the invalidity.

Cite this passage

Justinian I, The Digest of Justinian §32.0.36.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.36.pr

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