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Justinian I · The Digest of Justinian §35.1.2.pr

Conditions Fulfilled Before and After Testator Death

Passage 5333 of 9271 · Latin

Summary

Ulpian distinguishes between conditions that can be fulfilled during the testator's lifetime (such as the arrival of a ship) and those that can only be fulfilled after the testator's death (such as a payment or a specific act), noting that the latter requires knowledge of the condition to count as fulfillment.

[ULPIANUS libro quinto ad Sabinum. ] §35.1.2.prCondicionum quaedam sunt, quae quandoque impleri possunt etiam uiuo testatore, ut puta 'si nauis ex Asia uenerit', nam quandoque uenerit nauis, condicioni paritum uidetur: quaedam, quae non nisi post mortem testatoris 'si decem dederit' 'si Capitolium ascenderit': nam ut paruisse quis condicioni uideatur, etiam scire debet hanc condicionem insertam: nam si fato fecerit, non uidetur obtemperasse uoluntati.
[ULPIANUS in the fifth book on Sabinus.] Of conditions, some are such as can be fulfilled at any time even during the lifetime of the testator, as for instance, 'if a ship should come from Asia'; for whenever the ship comes, the condition is deemed to have been complied with. Others are such as cannot be fulfilled except after the death of the testator, like 'if he should give ten', or 'if he should ascend the Capitol'; for in order that anyone may be deemed to have complied with a condition, he must also know that this condition has been inserted; for if he has done it by chance, he is not deemed to have complied with the testator's will.

Notes

  1. §35.1.2.pruiuo testatore — An ablative absolute construction consisting of the noun 'testatore' and the adjective 'uiuo', expressing the attendant circumstance 'while the testator is alive'.
  2. §35.1.2.prparitum uidetur — Since the verb 'pareo' (to obey, to comply with) takes the dative and is intransitive, its passive voice is used impersonally. Thus, 'paritum' (neuter singular perfect participle) is used with 'uidetur' as an impersonal passive construction, meaning 'it is deemed that the condition has been complied with', with 'condicioni' serving as the dative object.
  3. §35.1.2.prnon nisi post mortem — Following 'quae non nisi post mortem testatoris', the verb phrase 'impleri possunt' (can be fulfilled) from the preceding clause is implied. 'non nisi' means 'not except' or 'only after'.
  4. §35.1.2.prfato — Ablative singular of 'fatum' (fate, chance), used here to mean 'by chance' or 'unintentionally'. It describes a situation where one performs the act without knowing that the condition was imposed (fato fecerit), contrasted with intentional compliance with the testator's will (obtemperasse uoluntati).

Cite this passage

Justinian I, The Digest of Justinian §35.1.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.2.pr

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