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Justinian I · The Digest of Justinian §35.2.12.pr

Creditor as Heir and Plea of Fraud in Debt Deduction

Passage 5457 of 9271 · Latin

Summary

It is shown that if a debtor institutes his creditor as heir and requests in his will that his debt not be reckoned against the legatees in the Falcidian calculation, the deceased's will is respected by virtue of the plea of fraud.

[IDEM libro trigesimo quaestionum. ] §35.2.12.prSi debitor creditore herede instituto petisset, ne in ratione legis Falcidiae ponenda creditum suum legatariis reputaret, sine dubio ratione doli mali exceptionis apud arbitrum Falcidiae defuncti uoluntas seruatur.
[THE SAME, from his thirtieth book of Questions.] If a debtor, having instituted his creditor as heir, had requested that, in making the calculation of the Lex Falcidia, he should not reckon his debt against the legatees, without doubt, by reason of the plea of fraud, the will of the deceased is preserved before the arbiter of the Falcidia.

Notes

  1. §35.2.12.prin ratione legis Falcidiae ponenda — ponenda is a gerundive in the feminine ablative singular, agreeing with ratione, which is governed by the preposition in. It expresses the object of the action: "in establishing (placing) the calculation of the Lex Falcidia."
  2. §35.2.12.prlegatariis reputaret — The object of reputaret ("to reckon") is creditum suum (the debtor/testator's "debt", which is the "claim" for the creditor/heir). legatariis is a dative of reference or disadvantage, meaning "to reckon against the legatees," i.e., to charge the debt against them to reduce their legacies.

Cite this passage

Justinian I, The Digest of Justinian §35.2.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.12.pr

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