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Justinian I · The Digest of Justinian §32.0.59.pr

Bequest of Debt-Notes and Inclusion of Actions

Passage 4883 of 9271 · Latin

Summary

Explains that the bequest of a handwritten debt-note includes not only the physical document but also the actions associated with it, and that a bequest of a claim is understood as a bequest of what consists in actions.

[IULIANUS libro trigesimo quarto digestorum. ] §32.0.59.prQui chirographum legat, non tantum de tabulis cogitat, sed etiam de actionibus, quarum probatio tabulis continetur: appellatione enim chirographi uti nos pro ipsis actionibus palam est, cum uenditis chirographis intellegimus nomen uenisse.
[JULIAN, from the thirty-fourth book of the Digests.] He who bequeaths a handwritten debt-note thinks not only of the tablets themselves, but also of the actions, the proof of which is contained in the tablets; for it is clear that we use the term "debt-note" for the actions themselves, since, when debt-notes are sold, we understand that the claim has been sold.
quin etiam si nomen quis legauerit, id quod in actionibus est legatum intellegitur.
Nay, even if anyone has bequeathed a claim, that which consists in actions is understood to be bequeathed.

Notes

  1. §32.0.59.pruti — The main verb of the accusative-with-infinitve clause acting as the subject of the impersonal expression palam est ("it is clear"), with nos as its subject accusative. The verb uti governs the ablative case, represented here by appellatione.
  2. §32.0.59.pruenisse — The perfect infinitive of ueneo ("to be sold", serving as the passive of uendo), not of uendo itself. It forms the accusative-and-infinitive construction nomen uenisse ("that the claim has been sold") which functions as the object of intellegimus ("we understand").

Cite this passage

Justinian I, The Digest of Justinian §32.0.59.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.59.pr

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