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Justinian I · The Digest of Justinian §34.5.15.pr

Validity of Heir's Acts Pending Decision by Legatee

Passage 5279 of 9271 · Latin

Summary

This passage discusses how the validity of transactions (delivery of a thing or lending of money) made by an heir while the legatee's decision is pending is retrospectively determined by the legatee's subsequent acceptance or rejection.

[IDEM libro secundo regularum. ] §34.5.15.prQuaedam sunt, in quibus res dubia est, sed ex post facto retro ducitur et apparet, quid actum est.
[BY THE SAME AUTHOR, from the second book of his Rules.] There are certain cases in which the matter is doubtful, but is retrospectively determined by a subsequent event, and it becomes clear what was done.
ut ecce si res legata fuerit et deliberante legatario eam rem heres alii tradiderit: nam si quidem uoluerit legatarius habere legatum, traditio nulla est, si uero repudiauerit, ualet.
For example, if a thing has been bequeathed, and while the legatee is deliberating, the heir has delivered that thing to another; for if indeed the legatee wishes to have the legacy, the delivery is void, but if he rejects it, it is valid.
tantundem est et si pecuniam hereditariam legatam crediderit heres: nam si quidem non repudiauerit legatarius, alienam pecuniam credidit, si uero repudiauerit, suam pecuniam credidisse uidetur.
The very same is true also if the heir has lent money belonging to the inheritance which was bequeathed; for if indeed the legatee does not reject it, he has lent another's money, but if he rejects it, he is deemed to have lent his own money.
quid ergo, si consumpta fuerit pecunia? utique idem erit ex euentu dicendum.
What then if the money has been consumed? At all events, the same must be said based on the outcome.

Notes

  1. §34.5.15.prdeliberante legatario — An ablative absolute construction consisting of the present participle deliberans and the noun legatarius, indicating the temporal background: "while the legatee is deliberating" (whether to accept or reject the legacy).
  2. §34.5.15.prretro ducitur — The subject is the res dubia (doubtful matter) from the main clause. It means "is retrospectively drawn back" (determined retroactively), indicating that the retroactive validity of a transaction is determined by the subsequent choice of the legatee.
  3. §34.5.15.prcredidisse uidetur — A personal construction with the passive verb uidetur ("is deemed/seems") and the perfect infinitive credidisse ("to have lent"), with the heir (heres) as the implied subject: "he is deemed to have lent his own money."

Cite this passage

Justinian I, The Digest of Justinian §34.5.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.5.15.pr

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