[IAUOLENUS libro primo ex Plautio. ] §32.0.77.prCum in substitutione legata repetuntur, libertates etiam continentur.
[JAVOLENUS, from his first book on Plautius.] When legacies are repeated in a substitution, manumissions are also included.
Justinian I · The Digest of Justinian §32.0.77.pr
Inclusion of Freedom Grants in Repeated Legacies Under Substitution
Summary
Javolenus explains that when legacies are repeated in a substitution, the granting of freedom (manumissions) is also included under those legacies.
Notes
- §32.0.77.prsubstitutione — The term 'substitutio' (substitution) refers to the appointment of a secondary heir in case the primary heir is unable or unwilling to accept the inheritance. In this context, it concerns the transfer or continuation of legacies when the substitute heir takes the estate.
- §32.0.77.prrepetuntur — The verb 'repetere' (to repeat or reaffirm) refers to the testator's action of repeating or confirming in the will that the legacies imposed on the primary heir are to be likewise imposed on the substitute heir, should they take the inheritance.
- §32.0.77.prlibertates — This noun 'libertates' (liberties, i.e., grants of freedom/manumissions) is interpreted here as being encompassed within the general scope of 'legata' (legacies) when the latter are repeated by a general clause in a substitution.
Cite this passage
Justinian I, The Digest of Justinian §32.0.77.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.77.pr
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