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Justinian I · The Digest of Justinian §33.1.10.pr-33.1.10.3

Scope of Annual Allowances and the Death of Heirs

Passage 4937 of 9271 · Latin

Summary

This chunk discusses the legal interpretation of annual allowances and legacies provided by a deceased person during their lifetime, addressing the impact of some heirs' deaths and specifying which expenses (such as housing, animal maintenance, or medical costs) are included in the legacy.

[IDEM libro octauo responsorum. ] §33.1.10.pr'Seio amico fidelissimo, si uoluerit, sicut meis negotiis interueniebat, eodem modo filiorum meorum interuenire, annuos senos aureos et habitationem qua utitur praestari uolo'. non ideo minus annua Seio pro parte hereditaria uiuentis filiae deberi placuit, quod ex tribus filiis Titiae duo aliis heredibus institutis uita decesserunt, cum tam labor quam pecunia diuisionem reciperent. §33.1.10.1'Medico Sempronio quae uiua praestabam, dari uolo': ea uidentur relicta, quae certam formam erogationis annuae, non incertam liberalitatis uoluntatem habuerunt. §33.1.10.2'Uxori praeter id, quod a me uiuo annui nomine accipiebat, aureos centum dari uolo': annuum uidetur et semel centum aureos reliquisse.
[THE SAME, book eight of Opinions.]\n\n'I wish that six aurei annually and the habitation which he uses be provided to Seius, my most faithful friend, if he is willing to intervene in the affairs of my children in the same manner as he used to intervene in my affairs.' It was held that the annual allowance is nonetheless due to Seius in proportion to the hereditary share of the surviving daughter, because two of the three children of Titia died during their lifetime, other heirs having been instituted, since both the labor and the money admit of division.\n\n'I wish that what I used to provide while alive be given to Sempronius the physician': those things are deemed to have been left which had a fixed form of annual payment, not an uncertain will of liberality.\n\n'I wish that one hundred aurei be given to my wife in addition to what she used to receive from me while alive under the title of an annual allowance': he is deemed to have left the annual allowance and, for once, one hundred aurei.\n\n'I wish that what I used to provide while alive be given to my freedmen': housing also shall be provided; but the cost of beasts of burden, which the mistress was accustomed to provide to her manager for her own utility, shall not be due.
§33.1.10.3'Libertis dari uolo quae uiua praestabam': et habitatio praestabitur: sumptus iumentorum non debebitur, quem actori domina praestare solita fuit utilitatis suae causa: ideo nec sumptum medicamentorum medicus libertus recte petet, quem ut patronam eiusque familiam curaret, acceptabat.
Therefore, neither shall the freedman physician rightfully claim the cost of medicines, which he used to receive in order to treat his patroness and her household.

Notes

  1. 33.1.10.prfiliorum meorum — The genitive "filiorum meorum" is understood by supplying "negotiis" (i.e., 'in the affairs of my children') in parallel with the preceding phrase "meis negotiis interueniebat", or as a rare usage of "interuenire" taking a genitive.
  2. 33.1.10.prnon ideo minus... deberi placuit, quod — The impersonal passive construction "placuit deberi" is combined with "non ideo minus... quod..." ('not for that reason the less... because...'), leading to the legal determination that a specific fact (the death of some co-heirs) does not diminish the obligation to make the allowance.
  3. 33.1.10.3quem — The accusative relative pronoun "quem", appearing twice, refers back first to the masculine singular noun "sumptus" (the core of "sumptus iumentorum") and second to "sumptum" (the core of "sumptum medicamentorum"), explaining the circumstances of how each expense was previously received.

Cite this passage

Justinian I, The Digest of Justinian §33.1.10.pr-33.1.10.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.1.10.pr-33.1.10.3

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