Succession of Trust Obligations in Invalid Self-Legacies

Notes

1. §34.8.5.prQuod quis sibi adscripserit — The relative clause `Quod quis sibi adscripserit` functions as the substantial antecedent to the demonstrative pronoun `id` (accompanied by `fideicommissum`) in the main clause. The indefinite pronoun `quis` is the subject of the relative clause and also serves as the implied subject of the passive verb `iussus est` in the conditional clause `si... iussus est`; i.e., "if the person who wrote it down for himself was ordered by the testator."
2. §34.8.5.prfideicommissum id apud heredem remanet — `fideicommissum` functions here either as a noun (trust/fideicommissum) or as an adjective modifying `id` (the thing entrusted). Since the writing for oneself is invalid as `pro non scripto` (not written), the object of the legacy does not go to the beneficiary (quis) but remains with the heir (apud heredem) as a rule. However, the legal logic dictates that the burden (cum onere) of the trust (fideicommissum) to restore it to another (alii) is inherited by the heir to respect the testator's intent.