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Justinian I · The Digest of Justinian §35.1.48.pr

Arrival of Due Date for Age-Conditioned Trust

Passage 5379 of 9271 · Latin

Summary

Explains that the due date for a trust left to someone 'when he should have reached his sixteenth year' has not arrived when he has merely entered his sixteenth year, supported by an imperial decision on an appeal from Germany.

[IDEM libro quinto decimo digestorum. ] §35.1.48.prNon putabam diem fideicommissi uenisse, cum sextum decimum annum ingressus fuisset, cui erat relictum, cum ad annum sextum decimum peruenisset: et ita etiam Aurelius¹ imperator Antoninus ad appellationem ex Germania iudicauit.
[THE SAME in the fifteenth book of the Digests.] I did not think that the day for the trust had come when he, to whom it had been left 'when he should have reached his sixteenth year', had entered his sixteenth year; and the Emperor Aurelius¹ Antoninus also decided in this way on an appeal from Germany.

Notes

  1. §35.1.48.prcui erat relictum — The relative pronoun `cui` in the dative case has its antecedent (such as `ei`, 'to him') omitted, and refers to the beneficiary of the trust (fideicommissum).
  2. §35.1.48.prcum sextum decimum annum ingressus fuisset ... cum ad annum sextum decimum peruenisset — Contrast between 'entering' (ingredi) the sixteenth year and 'reaching' (peruenire) it. The former refers to the beginning of the sixteenth year (attaining age 15), while the latter refers to the completion of sixteen years (attaining age 16). Thus, merely entering the sixteenth year does not satisfy the condition of reaching it.

Cite this passage

Justinian I, The Digest of Justinian §35.1.48.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.48.pr

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