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Justinian I · The Digest of Justinian §32.0.89.pr

Forms of Joinder Among Co-Legatees and Rights of Accrual

Passage 4913 of 9271 · Latin

Summary

Ulpian discusses the distinction between joinder in reality and joinder in words among co-legatees, explaining how these different types of joinder affect a legatee's preference or accrual rights over others.

[IDEM libro sexto ad legem Iuliam et Papiam. ] §32.0.89.prRe coniuncti uidentur, non etiam uerbis, cum duobus separatim eadem res legatur.
[THE SAME, from his sixth book on the Lex Iulia et Papia.] \n \n Persons are deemed to be joined in reality, but not in words, when the same thing is bequeathed to two persons separately.
item uerbis, non etiam re: 'Titio et Seio fundum aequis partibus do lego', quoniam semper partes habent legatarii.
Likewise, they are joined in words, but not in reality, as in: 'I give and bequeath the estate to Titius and Seius in equal shares', since the legatees always have distinct shares.
praefertur igitur omnimodo ceteris, qui et re et uerbis coniunctus est.
Therefore, he who is joined both in reality and in words is preferred in every way to the others.
quod si re tantum coniunctus sit, constat non esse potiorem.
But if he is joined only in reality, it is well established that he is not preferred.
si uero uerbis quidem coniunctus sit, re autem non, quaestionis est, an coniunctus potior sit: et magis est, ut et ipse praeferatur.
If, however, he is joined indeed in words, but not in reality, it is a matter of question whether the person joined is preferred; and the better opinion is that he too should be preferred.

Notes

  1. §32.0.89.pritem uerbis, non etiam re — The phrase `coniuncti uidentur` ('they are deemed to be joined') from the previous sentence is understood as omitted here: 'Likewise, [they are deemed to be joined] in words, but not in reality.'
  2. §32.0.89.prnon esse potiorem — An accusative-with-infinitive clause serving as the subject of the impersonal verb `constat` ('it is established'). The subject accusative of the infinitive `esse` (such as `eum`, referring to the person joined) is omitted, and `potiorem` is a comparative adjective in the accusative agreeing with this omitted subject.
  3. §32.0.89.prmagis est, ut — `magis est` is an impersonal expression common in juristic Latin meaning 'it is more likely' or 'the better opinion is', which takes the `ut` clause (with the subjunctive `praeferatur`) as its subject.

Cite this passage

Justinian I, The Digest of Justinian §32.0.89.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.89.pr

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