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Justinian I · The Digest of Justinian §35.1.106.pr

Condition of Not Marrying a Specific Person

Passage 5437 of 9271 · Latin

Summary

Discusses the treatment of a legacy conditioned on not marrying a specific person, stating that it is treated as if conditioned on that person's death, and that the legatee still obtains the legacy by marrying someone else.

[IULIANUS libro uicesimo quinto digestorum. ] §35.1.106.prHoc genus legati 'si Titio non nubserit' perinde habendum est, ac si post mortem Titii legatum fuisset, et ideo nec Muciana satisdatione interposita capere legatum potest.
[JULIAN in the twenty-fifth book of Digests.] This kind of legacy, "if she does not marry Titius," is to be treated just as if it had been legacyed after the death of Titius, and therefore she cannot receive the legacy even if the Muciana security has been provided.
sed et alii nubendo nihilo minus legatum consequitur.
But, by marrying another, she nevertheless obtains the legacy.

Notes

  1. §35.1.106.prac si ... fuisset — A hypothetical comparative clause introduced by perinde ... ac si (just as if), taking the subjunctive pluperfect fuisset.
  2. §35.1.106.prMuciana satisdatione interposita — Ablative absolute, carrying a concessive force ('even though the Muciana security has been provided'). It refers to the cautio Muciana, a security provided to receive a legacy before a negative condition ('not doing something') is fulfilled.
  3. §35.1.106.pralii nubendo — The ablative of the gerund nubendo (by marrying) indicating means, governing the dative object alii (another). The verb nubere governs the dative when a woman is the subject.

Cite this passage

Justinian I, The Digest of Justinian §35.1.106.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.106.pr

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