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Justinian I · The Digest of Justinian §35.1.97.pr

Legacy to a Municipality Conditioned on Taking an Oath

Passage 5428 of 9271 · Latin

Summary

Regarding a legacy to a municipality conditional upon taking an oath, it is argued that the condition is not impossible, as it can be fulfilled by those who manage the affairs of the municipality.

[IDEM libro secundo ad Neratium. ] §35.1.97.prMunicipibus, si iurassent, legatum est.
[The same in the second book on Neratius.] To the citizens of a municipality, a legacy was bequeathed if they should take an oath.
haec condicio non est impossibilis.
This condition is not impossible.
PAULUS. quemadmodum ergo pareri potest per eos? itaque iurabunt, per quos municipii res geruntur.
PAULUS. How, then, can it be complied with by them? Therefore, those through whom the affairs of the municipality are managed will swear.

Notes

  1. §35.1.97.prpareri — The passive infinitive of the intransitive verb pareo (to obey, to comply with), used impersonally. Combined with potest, it means 'it can be complied with'.
  2. §35.1.97.priurabunt, per quos — The subject of iurabunt (they will swear) is omitted, and the antecedent of the relative clause per quos... is implied as the subject. The structure means 'those through whom the affairs of the municipality are managed will swear'.

Cite this passage

Justinian I, The Digest of Justinian §35.1.97.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.97.pr

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