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Justinian I · The Digest of Justinian §34.4.25.pr

Sale of Pre-Legated Land and Extinction of Action Assignment

Passage 5257 of 9271 · Latin

Summary

It is responded that if an estate given as a pre-legacy is sold with the legatee's consent and its price returns to the inheritance, the obligation to assign debtor actions (originally intended for the purchase of said estate) to the other co-heir ceases.

[IDEM libro nono responsorum. ] §34.4.25.prAlteri ex heredibus praeceptionem praedii dedit: mox alteri praestari aduersus debitorem actiones ad eum finem mandauit, quo praedium fuerat comparatum.
[THE SAME in the ninth book of Responses.] He gave a pre-legacy of an estate to one of his heirs; soon afterwards, he directed that actions against a debtor be assigned to the other heir for the purpose for which the estate had been purchased.
cum postea praedio distracto citra ullam offensam eius, qui praeceptionem acceperat, pretium in corpus patrimonii redisset, non esse praestandas actiones coheredi respondi.
Since, after the estate had subsequently been sold without any offense to the one who had received the pre-legacy, the price had returned to the body of the patrimony, I responded that the actions ought not to be assigned to the co-heir.

Notes

  1. §34.4.25.prpraeceptionem — Accusative of the noun praeceptio (pre-legacy). This is a legal term referring to a type of legacy (praelegatum) by which one of the co-heirs is entitled to take a specific property before the partition of the inheritance.
  2. §34.4.25.prad eum finem, quo praedium fuerat comparatum — The relative pronoun quo (ablative) refers to the antecedent finem (accusative), expressing means or circumstance. It indicates that the assignment of actions was tied to a specific purpose, namely, 'for the purpose for which the estate had been purchased' (e.g., funding or settling the purchase), rather than being an unconditional transfer.
  3. §34.4.25.prcitra ullam offensam eius — The preposition citra (without, short of) governs the accusative. Offensam means 'offense', 'annoyance', or 'infringement', and eius (the antecedent of the relative clause starting with qui) is a genitive referring to the pre-legatee. This phrase indicates that the sale of the estate occurred without violating the rights or causing complaints from the legatee, implying consent.
  4. §34.4.25.prnon esse praestandas actiones coheredi — An accusative with infinitive clause (indirect speech) governed by respondi (I responded). The gerundive praestandas (to be assigned/furnished) combined with esse expresses obligation or necessity: 'that the actions ought not to be assigned to the co-heir (coheredi, dative)'.

Cite this passage

Justinian I, The Digest of Justinian §34.4.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.4.25.pr

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