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Justinian I · The Digest of Justinian §34.4.16.pr

Equivalence of Physical Erasure and Legal Revocation

Passage 5248 of 9271 · Latin

Summary

Paulus states that it makes no difference to the legal effect whether a provision written in a will is physically erased or legally revoked.

[IDEM ex libro singulari de iure codicillorum. ] §34.4.16.prNihil interest, inducatur quod scriptum est an adimatur.
[THE SAME in the single book on the law of codicils.] It makes no difference whether what has been written is crossed out or revoked.

Notes

  1. §34.4.16.prinducatur ... an adimatur — The verbs inducatur (is crossed out) and adimatur (is revoked) are in the present passive subjunctive because they introduce an indirect alternative question clause serving as the subject of the impersonal verb interest. The antecedent of the relative clause quod scriptum est (what has been written) is omitted, serving as the common subject of both verbs.

Cite this passage

Justinian I, The Digest of Justinian §34.4.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.4.16.pr

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