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Justinian I · The Digest of Justinian §35.1.60.pr-35.1.60.1

Classification of Conditions and Treasury's Obligations

Passage 5391 of 9271 · Latin

Summary

Paulus classifies conditions based on facts into a threefold division (giving, doing, and happening, and their negatives) and explains that the Treasury, when receiving a legacy, must comply with the same conditions and burdens as the original beneficiary.

[PAULUS libro septimo ad legem Iuliam et Papiam. ] §35.1.60.prIn facto consistentes condiciones uarietatem habent et quasi tripertitam recipiunt diuisionem, ut quid detur, ut quid fiat, ut quid optingat, uel retro ne detur, ne fiat, ne optingat.
[PAULUS in the seventh book on the Lex Iulia et Papia.] Conditions which consist in fact have variety and admit of a threefold division, as that something be given, that something be done, or that something happen; or conversely, that it be not given, be not done, or do not happen.
ex his dandi faciendique condiciones in personas collocantur aut ipsorum, quibus quid relinquitur, aut aliorum: tertia species in euentu ponetur.
Of these, the conditions of giving and doing are placed in the persons either of those themselves to whom something is left, or of others; the third class will be placed in the event.
§35.1.60.1Fiscus iisdem condicionibus parere debet, quibus persona, a qua ad ipsum quod relictum est peruenit, sicut etiam cum suo onere hoc ipsum uindicat.
The Treasury must comply with the same conditions as the person from whom that which was left reaches the Treasury, just as it also claims this very thing with its own burden.

Notes

  1. §35.1.60.prut quid detur — An appositional or explanatory ut-clause taking the subjunctive present (passive detur, fiat, and active optingat). quid is the indefinite pronoun aliquid with the prefix ali- omitted, which is common after conjunctions like ut and ne.
  2. §35.1.60.pripsorum, quibus quid relinquitur, aut aliorum — The genitives ipsorum and aliorum depend on the preceding noun personas (implied). It sets up the parallel structure: "in the persons either of those themselves to whom something is left, or of others."
  3. §35.1.60.1quibus — A relative pronoun in the ablative plural. Its antecedent is iisdem condicionibus. The verb parere (or debuit parere) is omitted in the relative clause: "with which the person [was bound to comply]."
  4. §35.1.60.1persona, a qua ad ipsum quod relictum est peruenit — ipsum refers to the fiscus (Treasury). The subject of the clause is the relative clause quod relictum est ("that which was left"), and the verb is peruenit: "from which person that which was left reaches the Treasury itself."

Cite this passage

Justinian I, The Digest of Justinian §35.1.60.pr-35.1.60.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.60.pr-35.1.60.1

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