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Justinian I · The Digest of Justinian §35.2.55.pr

Annual Legacies and Falcidian Calculation Before and After Death

Passage 5500 of 9271 · Latin

Summary

Regarding an annual legacy to Titius, this section discusses how the value of the legacy is assessed for the Lex Falcidia calculation, distinguishing between when Titius is still alive and after his death.

[IDEM libro uicesimo digestorum. ] §35.2.55.prCum Titio in annos singulos dena legata sunt et iudex legis Falcidiae rationem inter heredem et alios legatarios habeat, uino quidem Titio tanti litem aestimare debeat, quanti uenire id legatum potest, in incerto posito, quamdiu uicturus sit Titius: mortuo autem Titio non aliud spectari debet, quam quid heres ex ea causa debuerit.
[THE SAME in the twentieth book of his Digests.] ten (denarii) are bequeathed to Titius annually, and the judge calculates the account of the Lex Falcidia between the heir and the other legatees, while Titius is indeed alive, he ought to value the suit at as much as that legacy can be sold for, it being placed in uncertainty how long Titius is going to live; but after Titius has died, nothing else ought to be regarded than what the heir owed from that cause.

Notes

  1. §35.2.55.pruino — Although the manuscript reads uino, it is clearly a typographical error or variant reading for uiuo (while alive), as indicated by the context and the contrast with mortuo autem Titio (after Titius has died) in the latter half of the sentence.
  2. §35.2.55.prin incerto posito — This is an ablative absolute construction where the indirect question clause quamdiu uicturus sit Titius functions as the logical subject of the neuter participle posito (literally, 'it having been placed in uncertainty, how long...').
  3. §35.2.55.prtanti litem aestimare debeat, quanti uenire id legatum potest — The correlated genitives of value tanti and quanti express a comparison of price or value. Litem aestimare refers to the judicial estimation of the value of the legacy for the purposes of the suit: he must value it 'at as much as that legacy can be sold for.'

Cite this passage

Justinian I, The Digest of Justinian §35.2.55.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.55.pr

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