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Justinian I · The Digest of Justinian §34.1.8.pr

Maintenance Capital for Freedmen and Claims for Restitution

Passage 5144 of 9271 · Latin

Summary

It is determined that a co-heir who takes a principal sum for the maintenance of freedmen is not required to provide security for the return of portions as recipients decrease, nor can a recovery action be brought after the death of all freedmen, distinguishing this from temporary duties like distributing legacies.

[PAPINIANUS libro septimo responsorum. ] §34.1.8.prPecuniae sortem alimentis libertorum destinatam unum ex heredibus secundum uoluntatem defuncti praecipientem cauere non esse cogendum ex persona deficientium partes coheredibus restitui placuit: ob eam igitur speciem post mortem omnium libertorum indebiti non competit actio nec utilis dabitur.
[PAPINIANUS, in his seventh book of Opinions.] It was held that one of the co-heirs who, in accordance with the will of the deceased, takes beforehand a principal sum of money destined for the maintenance of freedmen, should not be compelled to give security that, upon the death of individual recipients, their portions will be restored to the other co-heirs. Therefore, under this specific circumstance, after the death of all the freedmen, an action for the return of what was not due does not lie, nor will an equitable action be granted.
diuersa causa est eius, cui legatorum diuisio mandatur: nam ea res praesentem ac momentariam curam iniungit, alimentorum uero praebendorum necessitas oneribus menstruis atque annuis uerecundiam quoque pulsantibus adstringitur.
The case of one to whom the distribution of legacies is entrusted is different; for that task imposes an immediate and temporary care, whereas the necessity of providing maintenance is bound up with monthly and annual burdens which also appeal to a sense of moral duty.

Notes

  1. §34.1.8.prpraecipientem — Refers to one of the co-heirs taking a specific property beforehand (praecipere) prior to the general division of the inheritance. It is a present participle modifying unum ex heredibus, which is the subject of the accusative-and-infinitive construction.
  2. §34.1.8.prcauere ... restitui — The verb cauere (to give security) takes the accusative-and-infinitive clause partes ... restitui (that the portions be restored) as its object, indicating the content of the security to be provided.
  3. §34.1.8.prex persona deficientium — deficientes refers to the freedmen who fail or cease to exist (e.g., through death) as recipients of maintenance. ex persona (from the person of) indicates the legal cause arising from their death or disappearance.
  4. §34.1.8.pruerecundiam quoque pulsantibus — A participle phrase modifying oneribus. The phrase literally means "knocking at/appealing to moral respect" (uerecundia), implying that these monthly and annual burdens are not merely legal obligations but also appeal to a moral sense of duty towards the deceased.

Cite this passage

Justinian I, The Digest of Justinian §34.1.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.1.8.pr

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