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Justinian I · The Digest of Justinian §35.2.45.pr-35.2.45.1

Valuation of Term and Conditional Legacies under Lex Falcidia

Passage 5490 of 9271 · Latin

Summary

Discusses the application of the Lex Falcidia to legacies subject to a future day or a condition, and Proculus's opinion on their valuation along with its rejection.

[PAULUS libro sexagesimo ad edictum. ] §35.2.45.prIn lege Falcidia non habetur pro puro, quod in diem relictum est: medii enim temporis commodum computatur.
[PAULUS in the sixtieth book on the Edict.] In the application of the Lex Falcidia, what has been bequeathed to a certain day is not considered as unconditional; for the benefit of the intervening time is taken into account.
§35.2.45.1In his legatis, quae sub condicione relicta sunt, Proculus putabat, cum quaeritur de lege Falcidia, tantum esse in legato, quanti uenire possunt: quod si est, et deductio sic potest fieri, ut tantum uideatur ui deberi, quanti nomen uenire potest.
In the case of those legacies which have been bequeathed under a condition, Proculus thought that, when a question arises concerning the Lex Falcidia, there is only so much in the legacy as they can be sold for; if this is so, a deduction can also be made in such a way that only so much is deemed to be owed in effect as the claim can be sold for.
sed haec sententia non probatur: cautionibus ergo melius res temperabitur.
But this opinion is not approved; therefore, the matter will be better regulated by security agreements.

Notes

  1. 35.2.45.1uenire — The present active infinitive of the verb ueneō (to be sold, to be put up for sale), not the infinitive of ueniō (to come). Together with the preceding genitive of value quanti, it expresses the valuation of "how much they can be sold for."
  2. 35.2.45.1nomen — Not the common meaning "name," but a legal term referring to a "claim" or "credit." Here it refers to the value of the claim arising from the conditional legacy.
  3. 35.2.45.1ui — The ablative singular of the noun uīs (force, power, effect), used here adverbially to mean "in effect" or "virtually."

Cite this passage

Justinian I, The Digest of Justinian §35.2.45.pr-35.2.45.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.45.pr-35.2.45.1

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