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Justinian I · The Digest of Justinian §35.2.10.pr

Excessive Legacies and Heir's Burden with Sufficient Gains

Passage 5455 of 9271 · Latin

Summary

Using the example of a pupillary substitution where the father's heir is substituted for a disinherited pupillus, this text explains that when an heir can receive benefits exceeding one-fourth, a monetary legacy exceeding three-fourths does not burden the heir.

[IDEM libro uicesimo quaestionum. ] §35.2.10.prQuod supra quadrantem apud heredem potest peruenire, supra dodrantem in pecuniam legatum non onerat heredem, ueluti hereditas pupilli, si forte substitutus sit exheredato qui patri pupilli heres exstitit.
[THE SAME, from his twentieth book of Questions.] That which can come to the heir over and above the fourth part does not burden the heir with respect to a legacy in money exceeding three-fourths; as, for example, the inheritance of a pupillus, if by chance a person who stood as heir to the father of the pupillus has been substituted for the disinherited pupillus.

Notes

  1. §35.2.10.prQuod supra quadrantem apud heredem potest peruenire — The relative pronoun `Quod` contains its antecedent, meaning "that which can come to the heir over and above the fourth part (quadrans, the heir's statutory reserve)," and serves as the subject of the main verb `onerat`.
  2. §35.2.10.prin pecuniam legatum — The prepositional phrase `in pecuniam` means "in money" or "consisting of money" and adjectivally modifies the noun `legatum` (legacy).
  3. §35.2.10.prexheredato — Dative of the perfect participle `exheredatus`, used substantively to refer to "the disinherited person" (here, the child who is the pupillus). It serves as the dative complement of the verb `substitutus sit`, indicating the person for whom substitution is made.
  4. §35.2.10.prqui patri pupilli heres exstitit — Relative clause. The antecedent of the relative pronoun `qui` is the implied subject of `substitutus sit` (the person appointed as heir by the father and also as the child's substitute). The fact that this person has already benefited as the father's heir explains how they can secure property exceeding the fourth part in the pupillus's estate.

Cite this passage

Justinian I, The Digest of Justinian §35.2.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.10.pr

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