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Justinian I · The Digest of Justinian §32.0.96.pr

Restitution of Inheritance and Trusts from Co-Heirs

Passage 4920 of 9271 · Latin

Summary

It presents a rescript of the Emperor Antoninus stating that if a fractional heir is requested to restore the "inheritance" to a third party, any property they receive from a co-heir by trust is not subject to this obligation, as "inheritance" excludes legacies and trusts.

[Gaius libro secundo fideicommissorum. ] §32.0.96.prSi Titius ex parte heres rogatus sit Maeuio hereditatem restituere et rursus Titio coheres eius rogatus sit partem suam aut partis partem restituere, an hanc quoque partem, quam a coherede ex fideicommisso recipit, Titius restituere Maeuio debeat, diuus Antoninus consultus rescribsit non debere restituere, quia hereditatis appellatione neque legata neque fideicommissa continentur.
[GAIUS, from his second book of Fideicommissa.] If Titius has been appointed heir to a part and requested to restore the inheritance to Maevius, and on the other hand, his co-heir has been requested to restore to Titius his own share or a part of his share; on the question whether Titius ought to restore also this part, which he receives from his co-heir by virtue of a trust, to Maevius, the deified Antoninus, having been consulted, replied by rescript that he is not obliged to restore it, because neither legacies nor trusts are included under the term "inheritance".

Notes

  1. 32.0.96.prTitio — The dative Titio depends on the subsequent infinitive restituere. In this context, the co-heir is requested to restore his share to Titius.
  2. 32.0.96.pran — A conjunction introducing an indirect question. This clause expresses the substance of the consultation implied by the participle consultus (having been consulted) in the main clause.

Cite this passage

Justinian I, The Digest of Justinian §32.0.96.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.96.pr

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