Justinian I · The Digest of Justinian §34.2.3.pr

Divorce After Legacy to a Wife and Testator's Intent

Passage 5162 of 9271 · Latin

Summary

Proculus states that whether a bequest of things provided for a wife remains valid after a divorce is a question of fact regarding the testator's actual intention.

[CELSUS libro nono decimo digestorum. ] §34.2.3.prUxori legauit quae eius causa parata sunt et ante mortem diuortit.

[CELSUS, in the nineteenth book of Digests.] A husband bequeathed to his wife what had been provided for her sake, and divorced her before his death.

non deberi, quia adempta uideantur, Proculus ait.

Proculus says that they are not owed, because they seem to have been revoked.

nimirum facti quaestio est: nam potest nec repudiatae adimere uoluisse.

Unquestionably this is a question of fact; for it is possible that he did not wish to revoke them even from the divorced wife.

Notes

§34.2.3.prpotest nec repudiatae adimere uoluisse — The impersonal verb potest ("it is possible") is followed by an accusative and infinitive construction with an implied subject (eum, referring to the testator). The perfect infinitive uoluisse expresses the past intention of the testator. nec qualifies repudiatae ("even from the divorced wife") combined with the negative meaning: "it is possible that he did not wish to take away (the legacy) even from the divorced wife."

Cite this passage

Justinian I, The Digest of Justinian §34.2.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.2.3.pr

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