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Justinian I · The Digest of Justinian §33.7.1.pr-33.7.1.1

Bequest of Land with Equipment and the Effect of Alienation

Passage 5058 of 9271 · Latin

Summary

Explains that when a farm is bequeathed with its equipment or as equipped, it is treated as two separate bequests, and that if the farm itself is alienated, the equipment cannot be claimed.

[PAULUS libro quarto ad Sabinum. ] §33.7.1.prSiue cum instrumento fundus legatus est siue instructus, duo legata intelleguntur.
[PAULUS, Commentary on Sabinus, Book 4] Whether a farm is bequeathed with its equipment (cum instrumento) or as equipped (instructus), two bequests are understood to be made.
§33.7.1.1Fundo cum instrumento legato et alienato instrumentum non uindicabitur ex sententia defuncti.
When a farm has been bequeathed with its equipment and then alienated, the equipment will not be claimed, in accordance with the intention of the deceased.

Notes

  1. §33.7.1.prinstructus — A masculine singular nominative adjective (perfect participle) agreeing with the preceding masculine noun fundus, forming an elliptical construction: siue instructus [fundus legatus est]. It refers to the case where the land is bequeathed as an "equipped" entity (fundus instructus), contrasted with cum instrumento (with equipment).
  2. §33.7.1.1Fundo cum instrumento legato et alienato — Fundo legato et alienato is an ablative absolute construction with the noun fundo serving as the logical subject. It describes a situation where the farm, which had been bequeathed (legato) together with its equipment (cum instrumento), was subsequently alienated (alienato) to a third party during the testator's lifetime.

Cite this passage

Justinian I, The Digest of Justinian §33.7.1.pr-33.7.1.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.7.1.pr-33.7.1.1

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