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Justinian I · The Digest of Justinian §33.1.11.pr

Distinct Nature of Annual Legacies and Capacity to Take

Passage 4938 of 9271 · Latin

Summary

It determines that an annual legacy is treated as multiple distinct legacies with the capacity to take being examined for each individual year, and that for a slave, this must be evaluated based on the persona of the masters.

[PAULUS libro uicesimo primo quaestionum. ] §33.1.11.prCum in annos singulos legatur, plura legata esse placet et per singula legata ius capiendi inspicietur.
[PAULUS, book twenty-one of Questions.] When a legacy is left annually, it is held that there are multiple legacies, and the right of taking will be examined in respect of each individual legacy.
idem in seruo inspiciendum est ex persona dominorum.
The same must be examined in the case of a slave based on the persona of his masters.

Notes

  1. §33.1.11.prplura legata esse placet — The impersonal verb placet takes the accusative with infinitive clause plura legata esse (that there are multiple legacies) as its subject, indicating a settled rule of law.
  2. §33.1.11.prius capiendi — The genitive gerund capiendi modifies the noun ius ('the right of taking'). Here, capere (to take) refers specifically to the legal capacity to receive a legacy.
  3. §33.1.11.prex persona dominorum — The preposition ex indicates the criterion of judgment ('based on the persona or legal status of the masters'). Since a slave lacks legal capacity, the right to take a legacy must be evaluated with reference to the master's status. The plural dominorum is used to encompass joint owners or owners in general.

Cite this passage

Justinian I, The Digest of Justinian §33.1.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.1.11.pr

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