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Justinian I · The Digest of Justinian §35.1.66.pr

Trust for a Statuliber and Manumission by the Heir

Passage 5397 of 9271 · Latin

Summary

Modestinus responds to a query regarding the circumstances under which an heir is compelled to perform a trust left to a statuliber whom the heir has manumitted.

[MODESTINUS libro decimo responsorum. ] §35.1.66.prHeres statuliberum, cui in euentum condicionis fideicommissum restituere rogatus erat, manumisit: quaero, an fideicommissum ei praestare debeat.
[MODESTINUS in the tenth book of Responses.] An heir manumitted a statuliber, to whom he had been requested to restore a trust in the event of the condition being fulfilled; I ask whether he ought to perform the trust to him.
Herennius Modestinus respondit, quamquam statuliberum heres manumiserit, tamen fideicommissum, quod sub iisdem condicionibus relictum ei debet, ita praestare cogitur, si condiciones impletas esse praestabit aut per eum stetit, quo minus impleantur.
Herennius Modestinus answered that, although the heir manumitted the statuliber, nevertheless, he is compelled to perform the trust, which is owed to him as left under the same conditions, only if he shall prove that the conditions have been fulfilled, or if it was due to the heir that they were not fulfilled.

Notes

  1. 35.1.66.prpraestabit — Meaning "will prove" or "will show." The subject of this verb is not the heir (`heres`, the subject of the main clause `cogitur`), but the beneficiary of the trust (the freedman, referred to by `ei`). In a legal context, the burden of proving that the conditions have been fulfilled lies on the claimant.
  2. 35.1.66.prita praestare cogitur, si — Expresses a restrictive condition ("compelled to perform only if..."). The adverb `ita` strongly limits the following `si` clause, imparting the meaning of "only in that case."
  3. 35.1.66.prper eum stetit, quo minus impleantur — An idiomatic expression meaning "it was due to him that they were not fulfilled." `per aliquem stat quominus` means "someone is responsible for preventing...". If the debtor (the heir) prevents the fulfillment of the condition, the condition is legally deemed to be fulfilled (constructive fulfillment of conditions).

Cite this passage

Justinian I, The Digest of Justinian §35.1.66.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.66.pr

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