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Justinian I · The Digest of Justinian §34.3.14.pr

Bequests by Debtors with Conditional Obligations

Passage 5214 of 9271 · Latin

Summary

Explains that the same legal principle applies if a debtor who has a debt subject to a term or condition makes a bequest to their creditor.

[ULPIANUS libro primo fideicommissorum. ] §34.3.14.prIdem est et si in diem debitor fuit uel sub condicione.
[ULPIANUS in the first book on trusts.] The same is true even if the debtor was bound for a specified day or under a condition.

Notes

  1. §34.3.14.prIdem est et si — "The same is true even if...". Here, et functions adverbially (meaning "even") modifying the si clause. This indicates that the legal rule established in the preceding text (§34.3.13.pr)—that a debtor bequeathing to their creditor is deemed to have waived their defense—applies equally to a debtor who enjoys the benefit of a term or condition.
  2. §34.3.14.prin diem — Meaning "for a specified day" or "subject to a future date." It refers to an obligation whose performance is deferred to a specific future date, contrasted here with sub condicione (subject to a condition).

Cite this passage

Justinian I, The Digest of Justinian §34.3.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.3.14.pr

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