Humanitext Reader

Justinian I · The Digest of Justinian §33.2.40.pr

Validity of a Joint Legacy of Habitation

Passage 4992 of 9271 · Latin

Summary

It clarifies that a bequest of a right of habitation to one person "along with another" carries the same legal effect as a direct joint bequest to both individuals.

[ALFENUS UARUS libro octauo digestorum a Paulo epitomatorum. ] §33.2.40.pr'Illi cum illo habitationem lego': perinde est, ac si ita 'illi et illi' legasset.
[ALFENUS VARUS, Epitomated by Paulus, Book Eight of the Digest.] "I bequeath the right of habitation to one person along with another": this is the same as if he had bequeathed it "to one and to another" in this manner.

Notes

  1. 33.2.40.prperinde est, ac si ... legasset — perinde ac si ("just as if") introduces a clause of hypothetical comparison and takes the subjunctive. The verb legasset is a contracted form of legauisset (pluperfect subjunctive, third-person singular), expressing a hypothetical past action (as if the testator had bequeathed in that manner).
  2. 33.2.40.prIlli cum illo — Illi is the dative singular of the demonstrative pronoun ille, representing the indirect object (the beneficiary) of the bequest, while illo in cum illo is the ablative singular expressing accompaniment. This passage establishes that the phrase "along with him" has the same legal effect as a joint bequest to both parties ("to him and to him").

Cite this passage

Justinian I, The Digest of Justinian §33.2.40.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.2.40.pr

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