Humanitext Reader

Justinian I · The Digest of Justinian §34.5.14.pr

Validity of Bequests Made to Witnesses of a Will

Passage 5278 of 9271 · Latin

Summary

Presents the shared view of Trebatius, Pomponius, and Marcianus that a legacy left to the witnesses who sign a will is valid, as the will itself is confirmed by their participation.

[MARCIANUS libro sexto institutionum. ] §34.5.14.prSi quis ita scripserit: 'illis, qui testamentum meum signauerint, heres meus decem dato', Trebatius utile legatum esse putat: quod Pomponius uerius esse existimat, quia ipsum testamentum confirmatur testibus adhibitis, quod uerum esse existimo.
[MARCIANUS, from the sixth book of his Institutes.] If anyone writes as follows: 'To those who sign my will, let my heir give ten,' Trebatius thinks that the legacy is valid; which Pomponius considers to be more correct, because the will itself is confirmed by calling in witnesses; which I also consider to be true.

Notes

  1. 34.5.14.prquod — The neuter singular relative pronoun quod does not refer to a single preceding noun, but has as its antecedent the entire preceding clause ("Trebatius's opinion that the legacy is valid"). The second quod in quod uerum esse existimo similarly refers to Pomponius's (and thus Trebatius's) judgment.
  2. 34.5.14.prtestibus adhibitis — An ablative absolute construction consisting of the noun testis ("witness") and the perfect participle of adhibere ("to summon", "to employ"). It provides the rational basis for the validity of the legacy, emphasizing that the participation of witnesses is indispensable for the will itself to gain legal force.

Cite this passage

Justinian I, The Digest of Justinian §34.5.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.5.14.pr

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