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Justinian I · The Digest of Justinian §35.2.20.pr

Legacies from an Appointed Slave and Falcidian Calculation

Passage 5465 of 9271 · Latin

Summary

Maecianus argues that if a legacy is left to a master by his own slave who is appointed heir, and the inheritance is acquired by the master, the legacy is not computed under the Falcidian law because it does not constitute a debt.

[IDEM libro nono quaestionum. ] §35.2.20.prSi a seruo meo herede instituto mihi legetur et mihi adquiratur hereditas, negat Maecianus id legatum in Falcidia computari, quia non debeatur.
[THE SAME, from his ninth book of Questions.] If a legacy is bequeathed to me by my slave who has been appointed heir, and the inheritance is acquired by me, Maecianus denies that this legacy is computed under the Falcidian law, because it is not owed.

Notes

  1. §35.2.20.pra seruo meo herede instituto — The preposition `a` governs the ablative of agent for the passive verb `legetur`. `herede instituto` is in apposition to (or a predicative modifier of) `seruo meo`, meaning "by my slave, who has been appointed heir."
  2. §35.2.20.prnegat Maecianus id legatum in Falcidia computari — An Accusative with Infinitive (AcI) construction functions as the object of the verb of denial `negat`. `id legatum` is the subject accusative, and `computari` is the present passive infinitive.

Cite this passage

Justinian I, The Digest of Justinian §35.2.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.20.pr

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