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Justinian I · The Digest of Justinian §34.6.1.pr

Invalidity of Legacies Imposed as Penalties on Beneficiaries

Passage 5294 of 9271 · Latin

Summary

It is argued that a legacy must be held invalid if it is left unlawfully or shamefully as a punishment directed at the father or master of an instituted son-in-power or slave, or at anyone receiving a benefit from the testament.

[AFRICANUS libro quaestionum. ] §34.6.1.prFilio familias uel seruo herede instituto etiam si in patris dominiue poenam illicite uel probrose datum est, nullius momenti legatum esse respondit: non enim id solum, quod in heredes³, sed omne, quod in cuiusque lucrum aliquid ex ultima uoluntate sentientis talem poenam in testamento scriptum sit, nullius momenti habendum.
[AFRICANUS, from the Book of Questions.] He replied that where a son-in-power or a slave has been instituted as heir, even if the legacy was given unlawfully or shamefully to punish the father or master, it is of no validity; for not only that which is written to the detriment of the heirs³, but everything written in a testament for such a punishment of anyone who receives any benefit from the last will, must be held of no validity.

Notes

  1. §34.6.1.prin patris dominiue poenam — The preposition `in` with the accusative `poenam` expresses purpose or detriment ("for the punishment of the father or the master"). This refers to the Roman law concept of a legacy left by way of punishment (*legatum poenae nomine*), designed to penalize the heir.
  2. §34.6.1.prin cuiusque lucrum aliquid ex ultima uoluntate sentientis talem poenam — The structure is a hyperbaton where the genitive phrase `cuiusque... sentientis` is inserted between the preposition `in` and its accusative object `talem poenam` ("for such a punishment of anyone..."). `cuiusque` is modified by the present participle `sentientis`, which takes `lucrum aliquid ex ultima uoluntate` ("some gain from the last will") as its direct object.

Cite this passage

Justinian I, The Digest of Justinian §34.6.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.6.1.pr

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