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Justinian I · The Digest of Justinian §32.0.90.pr

Validity of Bequests Without Explicit Naming of the Heir

Passage 4914 of 9271 · Latin

Summary

It is explained that a bequest is considered as made by name if the person from whom it is bequeathed is clear, even if their name is not explicitly pronounced.

[IDEM libro septimo ad legem Iuliam et Papiam. ] §32.0.90.prNominatim legatum accipiendum est, quod a quo legatum sit intellegitur, licet nomen pronuntiatum non sit.
[THE SAME, from his seventh book on the Lex Iulia et Papia.] A bequest, of which it is understood from whom it was bequeathed, is to be accepted as made by name, even though the name has not been pronounced.

Notes

  1. §32.0.90.prquod a quo legatum sit intellegitur — The indirect question `a quo legatum sit` serves as the subject of the verb `intellegitur`, where `a quo` means "from whom (i.e., at whose charge as heir) it has been bequeathed". The relative pronoun `quod` introduces a restrictive clause with the main subject `legatum` as its antecedent.
  2. §32.0.90.prnominatim ... accipiendum est — The adverb `nominatim` ("by name" or "specifically") is combined with the gerundive of obligation/propriety `accipiendum est` ("is to be understood/construed"), establishing a standard of definition or interpretation in a legal context.

Cite this passage

Justinian I, The Digest of Justinian §32.0.90.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.90.pr

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