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Justinian I · The Digest of Justinian §35.2.4.pr

Inheritance before Condition and Acquisition by Legacy

Passage 5449 of 9271 · Latin

Summary

It is determined that if a tract of land is bequeathed under a condition, and before the condition is fulfilled the legatee becomes the heir of the obligor (the heir), upon the subsequent fulfillment of the condition, the land is acquired by virtue of the legacy rather than by hereditary right under the Falcidian Law.

[PAPINIANUS libro sexto decimo quaestionum. ] §35.2.4.prFundo legato mihi sub condicione pendente legati condicione heres me heredem instituit ac postea legati condicio exstitit. in Falcidiae ratione fundus non iure hereditario, sed legati meus esse intellegitur.
[PAPINIANUS, from his sixteenth book of Questions.] When a tract of land had been bequeathed to me under a condition, and while the condition of the legacy was pending, the heir appointed me as his heir, and subsequently the condition of the legacy was fulfilled; in the calculation of the Falcidian Law, the land is understood to be mine not by hereditary right, but by virtue of the legacy.

Notes

  1. §35.2.4.prFundo legato mihi sub condicione pendente legati condicione — Two ablative absolute constructions (fundo legato... and pendente... condicione) are placed together to set the background circumstance for the main clause (heres me heredem instituit), meaning "when a tract of land had been bequeathed to me under a condition, and while the condition of the legacy was pending."
  2. §35.2.4.prnon iure hereditario, sed legati — In contrast to non iure hereditario (not by hereditary right), sed legati is understood with the omission of the shared noun iure, meaning iure legati (by right of the legacy, or by virtue of the legacy), where legati functions as a genitive of definition or origin.

Cite this passage

Justinian I, The Digest of Justinian §35.2.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.4.pr

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