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Justinian I · The Digest of Justinian §35.2.13.pr

Tacit Trusts by Superior's Order and the Lex Falcidia

Passage 5458 of 9271 · Latin

Summary

This section explains that a slave or a son under paternal power who undertook a tacit fideicommissum by order of their superior does not lose the benefit of the Lex Falcidia, due to their duty of obedience.

[IDEM libro trigesimo septimo quaestionum. ] §35.2.13.prSi tacitum fideicommissum seruus iniungente domino susceperit, habiturum eum legis Falcidiae beneficium, quia parere domino debuit, constitutum est: idemque placuit in filio, qui fuit in patris potestate.
[THE SAME, from his thirty-seventh book of Questions.] It has been decided that, if a slave has undertaken a tacit fideicommissum by the order of his master, he shall have the benefit of the Lex Falcidia, because he was under an obligation to obey his master; and the same has been approved in the case of a son who was under his father's power.

Notes

  1. §35.2.13.priniungente domino — An ablative absolute construction consisting of the present participle iniungente and the noun domino, expressing an attendant circumstance or cause: "the master commanding it."
  2. §35.2.13.prhabiturum eum legis Falcidiae beneficium — An accusative and infinitive construction introduced by the impersonal main verb constitutum est ("it has been decided"). The pronoun eum is the subject accusative of the future infinitive habiturum [esse].

Cite this passage

Justinian I, The Digest of Justinian §35.2.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.13.pr

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