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Justinian I · The Digest of Justinian §35.1.113.pr

Fideicommissum on Death Before Managing Own Affairs

Passage 5444 of 9271 · Latin

Summary

A imperial rescript stating that a fideicommissum was due in a case where a son, who was requested to restore the inheritance if he died before being able to administer his affairs, died after reaching twenty years of age.

[PAULUS imperialium sententiarum in cognitionibus prolatarum ex libris sex libro secundo. ] §35.1.113.prCum filius rogatus fuisset a patre, si, antequam res suas administrare posset, decessisset, hereditatem Titio restituere, et egressus uiginti annos decessisset, rescriptum est fideicommissum deberi.
[PAULUS, in his second book of Imperial Decisions Pronounced in Cognitions, in six books.] When a son had been requested by his father to restore the inheritance to Titius if he should die before he was able to administer his own affairs, and he died after having exceeded twenty years of age, it was stated in a rescript that the fideicommissum was due.

Notes

  1. 35.1.113.pregressus uiginti annos — egressus is the perfect participle of the deponent verb egredior (to exceed), here used with an active meaning and taking uiginti annos (accusative) as its direct object, meaning "having exceeded twenty years of age." It agrees with the subject filius.
  2. 35.1.113.prfideicommissum deberi — An accusative with infinitive clause functioning as the subject of the impersonal passive verb rescriptum est ("it was answered by rescript"), meaning "that the fideicommissum was owed."

Cite this passage

Justinian I, The Digest of Justinian §35.1.113.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.113.pr

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