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Justinian I · The Digest of Justinian §35.2.60.pr-35.2.60.1

Substituted Heirs and Assessment after Litigation Oaths

Passage 5505 of 9271 · Latin

Summary

This chunk discusses the treatment under the Lex Falcidia of legacies when a substituted heir inherits, and the basis for calculating the law's limit when a litigation oath has been sworn.

[IAUOLENUS libro quarto decimo ex Cassio. ] §35.2.60.prCum pater impuberi filiae heredem substituit, id quod ei legatorum nomine a patre obuenit, cum hereditas ad substiitutos pertinet, in computationem legis Falcidiae non uenit.
[JAVOLENUS, in the fourteenth book on Cassius.] When a father has substituted an heir for his daughter who is under puberty, that which accrued to her from her father under the name of legacies does not enter into the calculation of the Lex Falcidia when the inheritance goes to the substituted heirs.
§35.2.60.1Legato petito cum in litem iuratum est, ratio legis Falcidiae non eius summae, in quam legatarius iurauit, haberi debet, sed eius, quanti re uera id fuit quod petitum est: nam id quod poenae causa adcreuit in legem Falcidiam non incidit.
When a legacy is claimed and an oath has been taken in court, the calculation of the Lex Falcidia ought to be made, not of that sum which the legatee swore to, but of that which the thing claimed was actually worth; for that which has accrued by way of penalty does not fall under the Lex Falcidia.

Notes

  1. 35.2.60.1in litem iuratum est — The perfect passive third-person singular of the intransitive verb iurare is used impersonally to mean "an oath was taken in court." This refers to the oath on the value of the disputed matter (iusiurandum in litem) sworn by the plaintiff due to the defendant's default or bad faith.
  2. 35.2.60.1quanti — A genitive of value within the relative clause introduced by quod, modifying the implied antecedent eius [summae] (of that sum) and representing the "actual worth" of the claimed object.
  3. 35.2.60.1poenae causa — An adverbial expression with the genitive poenae depending on the ablative causa, meaning "by way of penalty" or "for the purpose of punishment." It denotes that the excess value added as a sanction for litigation default is not treated as a standard legacy and is excluded from the reduction under the Lex Falcidia.

Cite this passage

Justinian I, The Digest of Justinian §35.2.60.pr-35.2.60.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.60.pr-35.2.60.1

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