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Justinian I · The Digest of Justinian §35.2.41.pr

Payment of Legacies Without Security Amid Inheritance Disputes

Passage 5486 of 9271 · Latin

Summary

It states that a person who pays legacies without obtaining security after a dispute over the inheritance has already arisen is not considered to be free from fraud or bad faith.

[PAULUS libro nono ad edictum. ] §35.2.41.prDolo carere non uidetur, si iam mota quis controuersia hereditatis legata sine cautionibus det.
[PAULUS in the ninth book on the Edict.] He does not seem to be free from malice if, when a dispute concerning the inheritance has already been raised, he should pay the legacies without taking security.

Notes

  1. §35.2.41.prdolo carere — The verb carere governs the ablative (dolo) and means "to be free from" or "to lack". The phrase dolo carere non uidetur means "he does not seem to be free from malice (dolus)", implying that he is deemed to act in bad faith or with culpable negligence.
  2. §35.2.41.prmota ... controuersia — An ablative absolute construction formed by mota (perfect passive participle of movere, "to stir up, initiate") and controuersia ("dispute"), expressing time, condition, or concession ("even though a dispute has already been raised").
  3. §35.2.41.prsine cautionibus — Here, cautio (accusative plural cautionibus) refers to the security or guarantee taken from the legatee to ensure restoration or repayment if the legacy later proves to be excessive or invalid.

Cite this passage

Justinian I, The Digest of Justinian §35.2.41.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.41.pr

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