Humanitext Reader

Justinian I · The Digest of Justinian §35.1.31.pr

Effects of Death and Refusal to Marry in Legacies Conditioned on Marriage

Passage 5362 of 9271 · Latin

Summary

This section discusses a legacy conditioned on the marriage of Stichus and Pamphila, determining how the death or refusal to marry of one party affects the validity of the bequest, using a general analogy of Titius and Seia.

[AFRICANUS libro secundo quaestionum. ] §35.1.31.prIn testamento ita erat scriptum: 'Stichus et Pamphila liberi sunto et si in matrimonium coierint, heres meus his centum dare damnas esto': Stichus ante apertas tabulas decessit.
[AFRICANUS, in the second book of his Questions.] In a will, it was written as follows: 'Let Stichus and Pamphila be free, and if they enter into marriage, let my heir be under obligation to give them one hundred.' Stichus died before the tablets of the will were opened.
respondit partem Stichi defectam esse: sed et Pamphilam defectam condicione uideri ideoque partem eius apud heredem remansuram.
He replied that Stichus's share failed; but also that Pamphila was deemed to have failed in the condition, and therefore her share would remain with the heir.
sed et si uterque uiueret et Stichus nollet eam uxorem ducere, cum mulier parata esset nubere, illi quidem legatum deberetur, Stichi autem portio inutilis fiebat.
But even if both were living and Stichus were unwilling to marry her, though the woman was ready to marry, the legacy indeed would be due to her, but Stichus's portion became useless.
nam cum uni ita legatum sit: 'Titio, si Seiam uxorem duxerit, heres meus centum dato', si quidem Seia moriatur, defectus condicione intellegitur: at si ipse decedat, nihil ad heredem suum eum transmittere, quia morte eius condicio defecisse intellegitur: utroque autem uiuente si quidem ipse nolit uxorem ducere, quia ipsius facto condicio deficit, nihil ex legato consequitur, muliere autem nolente nubere, cum ipse paratus esset, legatum ei debetur.
For when a legacy is made to one person in this manner: 'Let my heir give one hundred to Titius, if he marries Seia,' if indeed Seia dies, he is understood to have failed in the condition; but if he himself dies, he transmits nothing to his heir, because by his death the condition is understood to have failed; but while both are living, if indeed he himself is unwilling to marry, because by his own act the condition fails, he obtains nothing from the legacy; on the other hand, if the woman is unwilling to marry, while he himself was ready, the legacy is due to him.

Notes

  1. 35.1.31.prdefectam condicione uideri — Part of an Accusative with Infinitive (A.c.I.) construction with Pamphila (accusative Pamphilam) as subject, governed by uideri ('to be deemed'). condicione is an ablative of specification ('with respect to the condition').
  2. 35.1.31.prnihil ad heredem suum eum transmittere — Part of the indirect speech continuing after 'nam cum...'. It is an Accusative with Infinitive (A.c.I.) construction consisting of the subject accusative eum (referring to Titius) and the infinitive transmittere, presenting an indirect statement logically flowing from the ongoing legal explanation.
  3. 35.1.31.prmuliere autem nolente nubere, cum ipse paratus esset — muliere... nolente is an ablative absolute construction with a present participle, into which the cum-clause cum ipse paratus esset ('although/while he himself was ready', with subjunctive imperfect) is inserted.

Cite this passage

Justinian I, The Digest of Justinian §35.1.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.31.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.