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Justinian I · The Digest of Justinian §34.5.19.pr-34.5.19.1

Validity of Legacies to Cognates and Status Changes

Passage 5283 of 9271 · Latin

Summary

It explains that a legacy bequeathed to cognates remains valid if they were cognates when the will was made and still retain citizenship, and that someone who became a cognate by adrogation before the testator's death is eligible; it also clarifies that a legacy to "cognation" is equivalent to one to "cognates."

[ULPIANUS libro uicesimo quinto ad Sabinum. ] §34.5.19.prSi cognatis legatum sit et hi cognati quidem esse desierunt, in ciuitate autem maneant, dicendum deberi legatum: cognati enim testamenti facti tempore fuerunt.
[ULPIANUS, from the twenty-fifth book on Sabinus.] If a legacy is bequeathed to cognates, and they indeed have ceased to be cognates, but remain in the citizen body, it must be said that the legacy is due; for they were cognates at the time the will was made.
certe si quis testamenti facti tempore cognatus non fuit, mortis tempore factus est per adrogationem, facilius legatum consequitur.
Certainly, if someone was not a cognate at the time the will was made, but became one by adrogation at the time of death, he obtains the legacy even more easily.
§34.5.19.1Si quis cognationi leget, idem est atque si cognatis legasset.
If someone bequeaths to a "cognation," it is the same as if he had bequeathed to "cognates."

Notes

  1. §34.5.19.prdicendum deberi legatum — The verb `est` is omitted in the impersonal expression `dicendum (est)` ("it must be said"), which is followed by an infinitive clause with `legatum` as the subject of the passive infinitive `deberi` ("to be due").
  2. §34.5.19.prtestamenti facti tempore — This phrase consists of the noun `testamentum` in agreement with the genitive of the gerundive `factus`, expressing the action of "the making of the will," which modifies the ablative of time `tempore`.
  3. §34.5.19.1cognationi — The singular dative of the abstract noun `cognatio` ("to the kinship"), which refers to the relation/group itself rather than specific individuals, but is legally interpreted as equivalent to the concrete plural `cognatis` ("to the cognates").

Cite this passage

Justinian I, The Digest of Justinian §34.5.19.pr-34.5.19.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.5.19.pr-34.5.19.1

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