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Justinian I · The Digest of Justinian §35.2.53.pr

Claim Limits on Legacies during Uncertainty under Lex Falcidia

Passage 5498 of 9271 · Latin

Summary

Celsus states that as long as the calculation under the Lex Falcidia remains uncertain due to conditional bequests, even unconditional legacies due immediately cannot be claimed in their entirety.

[CELSUS libro septimo decimo digestorum. ] §35.2.53.prSi propter ea, quae sub condicione legata sunt, pendet legis Falcidiae ratio, praesenti die data non tota uindicabuntur.
[CELSUS in the seventeenth book of his Digests.] If, because of those things which have been bequeathed under a condition, the calculation of the Lex Falcidia remains in suspense, the things given on a present day will not be claimed in their entirety.

Notes

  1. §35.2.53.prpraesenti die data — praesenti die (on a present day, immediately) is an ablative of time modifying the perfect passive participle data (things given, neuter plural nominative). This stands in contrast to the preceding sub condicione legata (things bequeathed under a condition) and represents "legacies given unconditionally (or to be performed immediately)", serving as the subject of the main clause.
  2. §35.2.53.prnon tota — The neuter plural nominative of the adjective totus. It agrees with the subject data and is used predicatively with a partial negation, meaning "not in their entirety" (only in part).

Cite this passage

Justinian I, The Digest of Justinian §35.2.53.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.53.pr

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