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Justinian I · The Digest of Justinian §33.1.15.pr

Discharge of Trust Obligations by Premature Delivery

Passage 4942 of 9271 · Latin

Summary

Javolenus discusses whether an heir is released from liability when restoring a conditional trust before the due date, stating that the heir is not released if the delay was for the protection of the recipient, but is released if the delay was for the heir's own benefit.

[UALENS libro septimo fideicommissorum. ] §33.1.15.prIauolenus eum, qui rogatus post decem annos restituere pecuniam ante diem restituerat, respondit, si propter capientis personam, quod rem familiarem tueri non posset, in diem fideicommissum relictum probetur et perdituro ei id heres ante diem restituisset, nullo modo liberatum esse: quod si tempus heredis causa prorogatum esset, ut commodum medii temporis ipse sentiret, liberatum eum intellegi: nam et plus eum praestitisse quam debuisset.
[VALENS, book seven on Trusts.] Javolenus answered, concerning a person who, having been requested to restore money after ten years, had restored it before the due date, that if it is proved that the trust was left for a certain date on account of the character of the recipient, because he could not protect his family property, and the heir had restored it before the due date to him who was likely to squander it, he is in no way released. But if the time had been prolonged for the sake of the heir, so that he himself might enjoy the advantage of the intervening time, he is understood to be released; for he has indeed performed more than he owed.

Notes

  1. §33.1.15.prIauolenus eum, qui rogatus post decem annos restituere pecuniam ante diem restituerat, respondit — The main verb is 'respondit', and 'eum' serves as the antecedent modified by the 'qui' clause, while also functioning as the subject accusative of the infinitive clauses in indirect speech ('liberatum esse' and 'liberatum eum intellegi'). The overall structure of the sentence is "concerning the person (eum) who..., Javolenus answered that..."
  2. §33.1.15.prperdituro ei id heres ante diem restituisset — 'perdituro' is the dative singular of the future active participle of 'perdere' (to ruin, squander), modifying 'ei' (the recipient). It has an adjectival force expressing likelihood or destiny: "to him who was bound to squander it (if given prematurely by the heir)."
  3. §33.1.15.prquod si tempus heredis causa prorogatum esset — 'quod si' introduces a contrasting condition ("but if, on the other hand") to the previous clause where the delay was for the benefit of the recipient. 'heredis causa' uses 'causa' with the genitive to express purpose or benefit: "for the sake of the heir."

Cite this passage

Justinian I, The Digest of Justinian §33.1.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.1.15.pr

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