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Justinian I · The Digest of Justinian §32.0.7.pr-32.0.7.2

Trusts to Deportees and Legacies to Creditors

Passage 4827 of 9271 · Latin

Summary

Ulpian discusses the rules regarding trusts left to a deported person's slave and their allocation to the treasury, the validity of a soldier's trust to a deported person, and the conditions under which a trust can be charged upon a legacy left to a creditor for a debt.

[ULPIANUS libro primo fideicommissorum. ] §32.0.7.prSi deportati seruo fideicommissum fuerit adscriptum, ad fiscum pertinere dicendum est, nisi si eum deportatus uiuo testatore alienauerit uel fuerit restitutus: tunc enim ad ipsum debebit pertinere.
[ULPIANUS from the first book on Trusts.] If a trust has been assigned to the slave of a deported person, it must be said that it belongs to the treasury, unless the deported person has alienated him during the lifetime of the testator or has been restored: for in that case it ought to belong to him himself.
§32.0.7.1Si miles deportato fideicommissum reliquerit, uerius est, quod et Marcellus probat, capere eum posse.
If a soldier has left a trust to a deported person, it is more correct—as Marcellus also approves—that he is able to take it.
§32.0.7.2Si quis creditori suo legauerit id quod debet, fidei committi eius non poterit, nisi commodum aliquod ex legato consequatur, forte exceptionis timore uel si quod in diem debitum fuit uel sub condicione.
If anyone leaves to his creditor by legacy what he owes him, a trust cannot be charged upon it, unless he derives some advantage from the legacy—for instance, through fear of a defense, or if the debt was due on a future date or under a condition.

Notes

  1. §32.0.7.prdeportati — Genitive of deportatus, meaning a deported person. One sentenced to deportatio (perpetual banishment) lost citizenship and had their property confiscated by the treasury (fiscus); hence, a trust left to their slave would in principle belong to the treasury.
  2. §32.0.7.pruiuo testatore — An ablative absolute phrase composed of the adjective uiuus (living) and the noun testator (testator), expressing the temporal condition "while the testator was still alive."
  3. §32.0.7.2fidei committi eius — fidei committi is the present passive infinitive of the verb fideicommitto (to charge with a trust). eius is the genitive of the pronoun is, referring back to the legacy (id quod debet). The phrase means "a trust cannot be charged upon it [the legacy]."

Cite this passage

Justinian I, The Digest of Justinian §32.0.7.pr-32.0.7.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.7.pr-32.0.7.2

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