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Justinian I · The Digest of Justinian §35.2.28.pr

A Son's Legacy to His Father under the Falcidian Law

Passage 5473 of 9271 · Latin

Summary

This text clarifies that even when a son leaves legacies to his father, if another person is appointed as heir, the restrictions of the Falcidian law apply.

[MAECIANUS libro primo fideicommissorum. ] §35.2.28.prPater quoque in legatis, quae filius ei dedit alio herede instituto, legis Falcidiae rationem patitur.
[MAECIANUS, in his first book on Trusts.] A father also, in the case of legacies which his son has left to him, another person having been appointed heir, is subject to the calculation of the Falcidian law.

Notes

  1. §35.2.28.pralio herede instituto — Ablative absolute phrase consisting of the noun alius and the participle institutus, expressing the condition or underlying circumstance: "when another person has been appointed as heir (rather than the father)."
  2. §35.2.28.prlegis Falcidiae rationem patitur — Literally "suffers the calculation of the Falcidian law." A legal idiom meaning that the legacy is subject to reduction under the Falcidian law, which required that at least one-fourth of the estate remain with the appointed heir.

Cite this passage

Justinian I, The Digest of Justinian §35.2.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.28.pr

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