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Justinian I · The Digest of Justinian §35.1.104.pr

Right of Restored Deportee to Claim Conditional Trust

Passage 5435 of 9271 · Latin

Summary

States that a person who was deported and restored after the opening of a will can claim a trust whose condition was fulfilled after his restoration of Roman citizenship.

[IDEM libro quarto decimo responsorum. ] §35.1.104.prEum, qui post apertum testamentum deportatus et restitutus est, fideicommissum petere posse, cuius condicio postea exstitit, quam ciuitatem Romanam recipiat.
[THE SAME in the fourteenth book of Responses.] A person who, after the opening of the will, was deported and restored to his rights, can claim a trust whose condition was fulfilled after he recovered Roman citizenship.

Notes

  1. §35.1.104.prEum ... posse — An accusative with infinitive (A.C.I.) construction with the subject accusative Eum and the infinitive posse. Since this fragment originates from Paul's "Responses" (responsa), the jurist's opinion is presented in indirect speech.
  2. §35.1.104.prpost apertum testamentum — The preposition post is construed with the noun testamentum and its perfect passive participle apertum in the accusative case, meaning "after the opening of the will" (the so-called "ab urbe condita" construction).
  3. §35.1.104.prpostea ... quam — The conjunction posteaquam ("after") is split (tmesis) into the adverbial part postea and the relative part quam. Together they introduce the clause with recipiat ("after he recovered Roman citizenship").

Cite this passage

Justinian I, The Digest of Justinian §35.1.104.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.104.pr

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