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Justinian I · The Digest of Justinian §35.1.100.pr

Claims on Legacies Differing by Marriage Status

Passage 5431 of 9271 · Latin

Summary

In a legacy to Titia of two hundred if she does not marry and one hundred if she does, if she marries, she must claim only the two hundred, and not also the other one hundred.

[IDEM libro septimo responsorum. ] §35.1.100.prTitiae, si non nubserit, ducenta, si nubserit, centum legauit: nubsit mulier.
[THE SAME in the seventh book of Responses.] He bequeathed to Titia, if she did not marry, two hundred; if she married, one hundred. The woman married.
ducenta, non etiam centum residua petat: ridiculum est enim eandem et ut uiduam et ut nuptam admitti.
She should claim the two hundred, and not also the remaining one hundred; for it is ridiculous that the same woman be admitted both as a widow and as a married woman.

Notes

  1. 35.1.100.prpetat — Present subjunctive used in a jussive or hortatory sense, meaning "she should claim" or "let her claim."
  2. 35.1.100.prcentum residua — "The remaining hundred." Under the legal principle where conditions restricting remarriage were treated as void, she can claim the two hundred (intended for her remaining single) even though she married, but she cannot additionally claim the one hundred (for marrying) to make a total of three hundred.

Cite this passage

Justinian I, The Digest of Justinian §35.1.100.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.100.pr

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