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Justinian I · The Digest of Justinian §35.2.29.pr

Restitution of a Legacy and the Falcidian Portion

Passage 5474 of 9271 · Latin

Summary

If property bequeathed to you is to be restored to me after a certain time, it should not be factored into the Falcidian calculation, as I will subsequently receive it in the capacity of a trust beneficiary.

[PAULUS libro secundo fideicommissorum. ] §35.2.29.prSi a me tibi fideicommissum uel legatum est tuque id post tempus rogatus sis mihi restituere, non puto hoc imputandum esse in Falcidiam, quia incipio postea quasi fideicommissarius id recipere.
[PAULUS, in his second book on Trusts.] If a trust or a legacy has been left by me to you, and you are requested after a certain time to restore it to me, I do not think that this should be imputed to the Falcidian portion, because I begin to receive it afterwards, as it were, as a beneficiary of a trust.

Notes

  1. §35.2.29.prrogatus sis — Subjunctive perfect (or present) passive. Used within the conditional 'si' clause with the infinitive 'restituere' to express the situation of being requested or charged to restore.
  2. §35.2.29.primputandum esse — The gerundive combined with 'esse' forming a passive periphrastic infinitive, serving as the predicate of the accusative with infinitive (ACI) construction governed by 'non puto'. It denotes necessity ('ought to be imputed'), which is negated by 'non'.

Cite this passage

Justinian I, The Digest of Justinian §35.2.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.29.pr

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