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Justinian I · The Digest of Justinian §35.1.8.pr

Condition of Cohabiting with the Son in Legacies

Passage 5339 of 9271 · Latin

Summary

Concerning a legacy conditioned on 'the wife being with the son,' it is argued that even if she goes into hiding from her patron, the legacy is due as long as she retains the intention of keeping her children and does not prevent their upbringing.

[POMPONIUS libro quinto ad Sabinum. ] §35.1.8.prSi quis ita legauerit: 'dum uxor mea 'cum filio erit, heres meus ei tantum dato', si ea latitans patronum de medio discessit, ut tamen consilium retineret habendi secum liberos, deberi ei legatum Trebatius et Labeo aiunt, quia non omne momentum exigendum sit ut cum liberis sit, sed si eam mentem et id propositum habeat, ne filium a semet dimittat neue per eam stet, quo minus cum ea filius educetur.
[POMPONIUS in the fifth book on Sabinus.] If anyone has bequeathed thus: 'As long as my wife is with my son, let my heir give her so much,' and if she, hiding from her patron, has withdrawn from public view, yet in such a way that she retained the intention of having her children with her, Trebatius and Labeo say that the legacy is due to her, because it is not every single moment that must be exacted for her to be with the children, but it is sufficient if she has that mind and purpose, not to send her son away from herself, and that it is not due to her that her son is not brought up with her.

Notes

  1. §35.1.8.prlatitans patronum — The present participle `latitans` (from `latito`, 'to hide') takes the accusative `patronum` to express the person from whom she is hiding ('hiding from her patron').
  2. §35.1.8.prneue per eam stet, quo minus — The idiomatic construction `per aliquem stat quominus` (with subjunctive) means 'it is due to someone that ... not / someone prevents ... from'. Prefaced by `neue` in the conditional clause, it means 'and that it is not due to her that [the son is not brought up with her]'.

Cite this passage

Justinian I, The Digest of Justinian §35.1.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.8.pr

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