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Justinian I · The Digest of Justinian §34.9.25.pr

Son-in-Law Appointing Father-in-Law Heir and Tacit Trusts

Passage 5330 of 9271 · Latin

Summary

It explains that when a son-in-law leaves his father-in-law as heir, the natural motive of familial affection alone does not give rise to the suspicion of an illicit tacit trust.

[IDEM libro quarto decimo responsorum. ] §34.9.25.prSi gener socerum heredem reliquerit, taciti fideicommissi suspicionem sola ratio paternae affectionis non admittit.
[THE SAME, From the Fourteenth Book of Responses] If a son-in-law has left his father-in-law as heir, the sole consideration of paternal affection does not admit the suspicion of a tacit trust.

Notes

  1. §34.9.25.prsola ratio paternae affectionis — This phrase, serving as the subject of "non admittit", refers to the sole consideration of familial affection of the son-in-law toward his father-in-law. It establishes the legal principle that the mere existence of such familial affection cannot justify or allow the "suspicion" of an illicit "tacit trust" (an agreement to transfer property to evade legal restrictions).

Cite this passage

Justinian I, The Digest of Justinian §34.9.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.9.25.pr

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