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Justinian I · The Digest of Justinian §35.1.9.pr

Interpretation of Bequests to Wives Until Having Children

Passage 5340 of 9271 · Latin

Summary

Ulpian states the legal opinion that a husband who bequeaths to his wife until the time of children does not intend to refer to the children who were already born at the time the will was made.

[ULPIANUS libro uicesimo ad Sabinum. ] §35.1.9.prSolemus dicere eum, qui in tempus liberorum uxori legat, de his non sensisse, quos iam tunc uxor habuit, cum testaretur maritus.
[ULPIANUS in the twentieth book on Sabinus.] We are accustomed to say that he who bequeaths to his wife until the time of children did not have in mind those whom the wife already had at the time when the husband made his will.

Notes

  1. §35.1.9.prin tempus liberorum — This prepositional phrase indicates a temporal limitation, meaning "until the time of children (being born)" or "for the period of the children." Thus, it refers to a condition anticipating future children, serving as the basis for the interpretation that children already existing at the time of the will are not included.
  2. §35.1.9.prde his non sensisse — Part of the accusative with infinitive construction (eum... non sensisse). 'eum' is the antecedent of the relative clause 'qui... legat' and the subject accusative of 'sensisse.' 'his' is the antecedent of the relative pronoun 'quos' and refers to the already existing children.

Cite this passage

Justinian I, The Digest of Justinian §35.1.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.9.pr

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