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Justinian I · The Digest of Justinian §34.2.12.pr

Survival of Action for Bequeathed Portrait Scraped from Board

Passage 5171 of 9271 · Latin

Summary

Explains that if an heir scrapes off a bequeathed portrait from a board, the action under the will survives even if the obligation regarding the board is performed, since the bequest was of the portrait itself, not the board.

[PAPINIANUS libro septimo decimo quaestionum. ] §34.2.12.prSi imaginem legatam heres derasit et tabulam soluit, potest dici actionem ex testamento durare, quia legatum imaginis, non tabulae fuit.
[PAPINIANUS, in his seventeenth book of Questions.] If the heir has scraped off a bequeathed portrait and performed the obligation regarding the board, it can be said that the action under the will survives, because the bequest was of the portrait, not of the board.

Notes

  1. §34.2.12.prtabulam soluit — The verb soluere is used here in its legal sense, meaning "to perform an obligation" or "to discharge a debt". It refers to the scenario where the heir delivered the defaced board or paid its value to the legatee in an attempt to discharge the obligation.
  2. §34.2.12.practionem ex testamento durare — An accusative with infinitive (ACI) construction serving as the complement of potest dici. Since the object of the bequest (the portrait) was destroyed due to the heir's own act of scraping it off, the action based on the will (for damages due to non-performance) survives and is not extinguished.

Cite this passage

Justinian I, The Digest of Justinian §34.2.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.2.12.pr

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