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Justinian I · The Digest of Justinian §35.1.54.pr-35.1.54.1

Legacies Payable at Puberty and Accrual in Joint Legacies

Passage 5385 of 9271 · Latin

Summary

The text records the opposing opinions of Gaius and Javolenus on whether a legacy payable upon reaching puberty is subject to a three-year installment plan, and then explains the rule of accrual when the same thing is bequeathed to two persons under a certain condition.

[IAUOLENUS libro secundo ex Cassio. ] §35.1.54.prSi quis legata, quibus dies adposita non esset, annua bima trima die dari iussit et alicui, cum pubes esset, pecuniam legauit, id quoque legatum annua bima trima die post pubertatem praestandum esse in commentariis Gaii scriptum est, quia magis condicio quam dies legato adiecta esset.
[JAVOLENUS in the second book on Cassius.] If anyone has ordered that legacies, to which no time had been attached, should be paid on the first, second, and third year, and has bequeathed money to someone when he should reach puberty, it is written in the commentaries of Gaius that this legacy also must be paid on the first, second, and third year after puberty, because a condition rather than a time had been attached to the legacy.
contra ego sentio, quia fere dies ponitur ad proroganda ea, quae ad praesens tempus, non etiam quae in futurum legata sunt, diesque pubertatis habet aliquam temporis demonstrationem.
I hold the contrary opinion, because a time is generally set for postponing those things which are bequeathed for the present time, and not also those which are bequeathed for the future, and the time of puberty has some designation of time.
§35.1.54.1Duobus eadem res, si heredi centum dedissent, legata est: si alter ex his quinquaginta dederit, partem legati consequetur et pars eius, qui non dederit, alteri cum sua condicione adcrescit.
The same thing was bequeathed to two persons, if they should give a hundred to the heir: if one of them has given fifty, he will obtain a part of the legacy, and the part of the one who did not give accrues to the other with its own condition.

Notes

  1. 35.1.54.prannua bima trima die — Meaning 'on the first, second, and third year (as a deadline)'. The noun *die* is treated as feminine singular, modified coordinately by the adjectives *annua*, *bima*, and *trima*. This is an idiomatic expression for installment payments over three years.
  2. 35.1.54.prquia magis condicio quam dies legato adiecta esset — The subjunctive *esset* indicates a subjective reason cited from Gaius's commentaries. Gaius interpreted the uncertain time 'when he should reach puberty' (dies incertus an) as a 'condition' (condicio) rather than a 'time limit' (dies).
  3. 35.1.54.1alteri cum sua condicione adcrescit — Meaning 'accrues to the other with its own condition'. *sua* refers to the condition attached to the portion of the non-paying party (i.e., paying the remaining fifty). Thus, the paying legatee can acquire the entire legacy by paying the total of one hundred.

Cite this passage

Justinian I, The Digest of Justinian §35.1.54.pr-35.1.54.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.54.pr-35.1.54.1

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