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Justinian I · The Digest of Justinian §35.1.103.pr

Condition of Not Demanding Security and Transmission

Passage 5434 of 9271 · Latin

Summary

This section explains that in a legacy subject to a ten-year term and a negative condition of not demanding security, if the legatee dies within the term, the condition is fulfilled upon his death and the legacy is transmitted to his heir.

[PAULUS libro quarto decimo quaestionum. ] §35.1.103.prSi ita legatum sit 'Titio post decem annos dato, si satis ab herede non exegerit' et Titius intra decimum annum decesserit, ad heredem suum transmittat legatum, quia moriente eo condicio exstitit.
[PAULUS in the fourteenth book of Questions.] If a legacy has been bequeathed in this way: "Let it be given to Titius after ten years, if he has not demanded security from the heir," and Titius dies within the tenth year, he transmits the legacy to his heir, because upon his death the condition was fulfilled.

Notes

  1. §35.1.103.prsatis — Not the adverb "sufficiently", but the noun satis (a short form for satisdatio, meaning security or guarantee) in the accusative case. The phrase satis exigere is a legal idiom meaning "to demand security."
  2. §35.1.103.prmoriente eo — An ablative absolute construction. Upon the death of the legatee Titius, it became impossible for him to demand security, and therefore the negative condition ("if he has not demanded") was definitively fulfilled (exstitit).

Cite this passage

Justinian I, The Digest of Justinian §35.1.103.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.103.pr

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