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Justinian I · The Digest of Justinian §34.8.4.pr-34.8.4.1

Invalidity of Legacies to Deceased Persons or Captives

Passage 5304 of 9271 · Latin

Summary

If a legatee was not alive when the legacy was written, or was in enemy hands at the time the testament was made and never returned, the legacy is held as not written.

[ULPIANUS libro tertio decimo ad legem Iuliam et Papiam. ] §34.8.4.prSi eo tempore, quo alicui legatum adscribebatur, in rebus humanis non erat, pro non scripto hoc habebitur.
[ULPIANUS in the thirteenth book on the Lex Julia et Papia.] If at the time when a legacy was being written down for someone, he was not among human affairs, this will be held as not written.
§34.8.4.1Sed et si in hostium potestate erat, quos testamentum fiebat, neque ab hostibus rediit, pro non scripto erit: et ita Iulianus scribit.
But also if he was in the power of the enemy at the time when the testament was being made, and did not return from the enemy, it will be as not written; and Julian writes thus.

Notes

  1. §34.8.4.prin rebus humanis non erat — A euphemistic expression meaning "was not among the living" or "was not alive".
  2. §34.8.4.1quos — The form `quos` in the text is likely a corruption or variant for `quom` (cum) or `quo` (sc. tempore, "at the time when the testament was made"), denoting the time of the making of the will.

Cite this passage

Justinian I, The Digest of Justinian §34.8.4.pr-34.8.4.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.8.4.pr-34.8.4.1

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