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Justinian I · The Digest of Justinian §33.5.5.pr

Preservation of Choice Despite Non-Production

Passage 5024 of 9271 · Latin

Summary

Explains that the legatee's option remains unimpaired not only when the failure to present all items is due to the fraud of the heir, but also when it arises from any other cause.

[AFRICANUS libro quinto quaestionum. ] §33.5.5.prnec solum si fraude heredis, sed etiam si alia qualibet causa id euenerit.
[AFRICANUS, Questions, Book V] And this is so not only if it occurred through the fraud of the heir, but also if it happened from any other cause whatever.

Notes

  1. §33.5.5.prid euenerit — The demonstrative pronoun id refers to the situation mentioned in the preceding section (§33.5.4.pr), namely "that not all cups were presented" or "that the choice was made under such circumstances". euenerit is a future perfect indicative (or perfect subjunctive), representing a future occurrence that will have been completed prior to the realization of the main clause.
  2. §33.5.5.prfraude heredis — Consists of the ablative of means or cause fraude and the subjective genitive heredis, meaning "by the fraud of the heir". The contrasting phrase alia qualibet causa is likewise an ablative of cause.

Cite this passage

Justinian I, The Digest of Justinian §33.5.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.5.5.pr

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