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Justinian I · The Digest of Justinian §35.1.65.pr

Transmission of Legacy Obligation upon Heir's Death

Passage 5396 of 9271 · Latin

Summary

Explains that in a conditional legacy, if the burdened heir dies before the condition is fulfilled, the obligation is transmitted to his own heir.

[PAULUS libro sexagesimo secundo ad edictum. ] §35.1.65.prLegato sub condicione relicto si heres, a quo sub condicione legatum est, pendente condicione moriatur, heredem suum obligatum relinquit.
[PAULUS in the sixty-second book on the Edict.] When a legacy has been left under a condition, if the heir from whom the legacy was bequeathed under the condition should die while the condition is pending, he leaves his own heir bound.

Notes

  1. 35.1.65.pra quo sub condicione legatum est — The verb legatum est is used impersonally ("it has been bequeathed"). The prepositional phrase a quo (the relative pronoun in the ablative referring back to heres) indicates the source of the legacy's performance, meaning "from whom the legacy was bequeathed," i.e., the heir who is burdened with the legacy.
  2. 35.1.65.prpendente condicione — An ablative absolute construction using the present participle pendens ("hanging," "pending"). It functions as an adverbial phrase meaning "while the condition is pending" or "before the condition is fulfilled."
  3. 35.1.65.probligatum relinquit — The perfect passive participle obligatum modifies heredem suum, which is the direct object of relinquit, acting predicatively. It means "leaves his own heir bound (by the obligation of the legacy)," conveying the transmission of the duty.

Cite this passage

Justinian I, The Digest of Justinian §35.1.65.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.65.pr

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