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Justinian I · The Digest of Justinian §32.0.4.pr

Claims of Trusts Against Emancipated Beneficiaries

Passage 4824 of 9271 · Latin

Summary

It states that if a trust is charged by a father or master but the inheritance is not acquired by him, the performance of the trust must be demanded from the emancipated son or manumitted slave who actually retains the benefit of the inheritance.

[PAULUS libro quarto sententiarum. ] §32.0.4.prA patre uel domino relictum fideicommissum, si hereditas ei non quaeratur, ab emancipato filio uel seruo manumisso utilibus actionibus postulatur: penes eos enim quaesitae hereditatis emolumentum remanet.
[PAULUS from the fourth book of Opinions.] A trust left by a father or a master, if the inheritance is not acquired for him, is demanded from the emancipated son or the manumitted slave by beneficial actions; for the benefit of the acquired inheritance remains in their hands.

Notes

  1. §32.0.4.prei — Dative pronoun referring to the preceding 'father or master' (patre uel domino). Used with the passive verb quaeratur (is acquired), it functions as a dative of benefit or agent, meaning 'if the inheritance is not acquired for him (the father or master)'.
  2. §32.0.4.prab emancipato filio uel seruo manumisso — Preposition ab with the ablative. It designates the person from whom the performance is demanded (the passive agent of postulatur). Since the actual benefit of the inheritance remains in their hands (penes eos remanet), the emancipated son or manumitted slave becomes liable for the trust.
  3. §32.0.4.prutilibus actionibus — Ablative of means or manner. It refers to 'beneficial actions' (actiones utiles) which were extended by the praetor on grounds of equity to cover analogous cases where direct actions under civil law (actiones directae) were not available.

Cite this passage

Justinian I, The Digest of Justinian §32.0.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.4.pr

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