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Justinian I · The Digest of Justinian §32.0.86.pr

Legacies by Location and Temporary Presence of Money

Passage 4910 of 9271 · Latin

Summary

In a legacy of assets situated in a specific place, money collected from debtors for reinvestment is excluded, supporting Labeo's principle that temporary presence or absence does not determine whether an item is bequeathed.

[PROCULUS libro quinto epistularum. ] §32.0.86.prSi ita legatum est 'domum quaeque mea ibi erunt, cum moriar', nummos ad diem exactos a debitoribus, ut aliis nominibus collocarentur, non puto legatos esse et Labeonis distinctionem ualde probo, qui scripsit nec quod casu abesset, minus esse legatum nec quod casu ibi sit, magis esse legatum.
[PROCULUS, from his fifth book of letters.] If a legacy is made in this way: 'the house and whatever of mine shall be there when I die,' I do not think that coins collected from debtors on the due date so that they might be invested under other loan accounts are bequeathed; and I strongly approve of Labeo’s distinction, who wrote that neither is that which was accidentally absent any the less bequeathed, nor is that which was accidentally there any the more bequeathed.

Notes

  1. 32.0.86.praliis nominibus — Dative (or ablative) plural of the noun nomen. Here, it is used in a financial or bookkeeping sense meaning "debt-claims" or "loan accounts" rather than "names." Combined with collocare (to invest or lend), it indicates the purpose of reinvesting the collected money into other new loan accounts.
  2. 32.0.86.prminus esse legatum — An accusative with infinitive construction in indirect speech using the comparative minus (with the clause introduced by the relative pronoun quod acting as subject). Literally "is not any the less bequeathed," expressing a legal negation that an item inherently meant to be bequeathed is not excluded from the legacy solely because of its accidental absence.

Cite this passage

Justinian I, The Digest of Justinian §32.0.86.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.86.pr

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