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Justinian I · The Digest of Justinian §33.5.19.pr

Transmission of Option in Alternative Legacy to Heirs

Passage 5038 of 9271 · Latin

Summary

Paulus states that in an alternative legacy, if the legatee dies after the vesting day (dies cedens) without having made a choice, the option is transmitted to his heir.

[PAULUS libro tertio sententiarum. ] §33.5.19.pr'Illud aut illud, utrum elegerit legatarius': nullo a legatario electo decedente eo post diem legati cedentem ad heredem transmitti placuit.
[PAULUS, Book III of Opinions.] 'Either this or that, whichever the legatee shall have chosen': when, with nothing having been chosen by the legatee, he dies after the day of the vesting of the legacy, it has been decided that the right is transmitted to his heir.

Notes

  1. §33.5.19.prdecedente eo post diem legati cedentem — decedente eo is an ablative absolute. The phrase diem legati cedentem (often referred to simply as dies cedens) is a Roman legal term meaning the day on which the legacy vests in the legatee (typically the death of the testator). Since the legatee died after this day, the right is capable of being transmitted (transmitti) to his heir.
  2. §33.5.19.prtransmitti — Part of an accusative and infinitive (Aci) construction governed by the impersonal verb placuit, but the subject accusative of the infinitive is omitted. In context, "the right of choice (optio)" or "the legacy (legatum)" corresponding to the testatory clause 'illud aut illud' is understood as the subject.

Cite this passage

Justinian I, The Digest of Justinian §33.5.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.5.19.pr

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