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Justinian I · The Digest of Justinian §33.2.7.pr

Vesting of Bequeathed Services and Loss from Illness

Passage 4959 of 9271 · Latin

Summary

Ulpian discusses when the rights to bequeathed slave services vest and concludes that they vest from the day of the claim, meaning that the legatee bears the loss if the slave falls ill after the claim is made.

[ULPIANUS libro uicesimo sexto ad edictum. ] §33.2.7.prOperae testamento relictae quando cedere debeant, utrum ex quo petit eas legatarius an ex quo adita hereditas est? et cui pereant dies, quibus aeger seruus fuit? et puto ex die petitionis eas cedere: quare si post petitas aeger esse seruus coeperit, legatario peribunt.
[ULPIAN, On the Edict, book XXVI.] When services bequeathed by a will ought to vest: whether from the time when the legatee claims them, or from the time when the inheritance was entered upon? And for whom are those days lost during which the slave was ill? And I think that they vest from the day of the claim; therefore, if after they have been claimed the slave begins to be ill, they will be lost to the legatee.

Notes

  1. §33.2.7.prcedere — A technical legal term in Roman law derived from 'dies cedit' (the day on which a right vests or becomes transmissible). Here it refers to the moment when the right to demand the services actually arises or vests.
  2. §33.2.7.prpost petitas — An instance of the 'ab urbe condita' construction, where the preposition 'post' is followed by the past participle 'petitas' (feminine plural accusative, referring back to 'operae') representing the action 'after they have been claimed' rather than 'after the claimed services'.
  3. §33.2.7.prlegatario peribunt — The verb 'perire' (to perish, to be lost) is used with the dative of disadvantage 'legatario', meaning 'they will be lost to the legatee', i.e., 'the legatee will bear the loss'.

Cite this passage

Justinian I, The Digest of Justinian §33.2.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.2.7.pr

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