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Justinian I · The Digest of Justinian §35.2.74.pr

Inclusion in the Falcidian Fourth and Co-Heir Legacies

Passage 5519 of 9271 · Latin

Summary

This section rules that the fourth part to be retained by the heir under the Lex Falcidia must be held by hereditary right, and therefore any legacy received from a co-heir is not counted toward this fourth.

[IDEM libro tertio de legatis ad edictum praetoris. ] §35.2.74.prQuod autem dicitur, si ex iudicio defuncti quartam habeat heres, solida praestanda esse legata, ita accipere debemus, si hereditario iure habeat: itaque quod quis legatorum nomine a coherede accepit, in quadrantem ei non imputatur.
[THE SAME, in the third book on legacies to the Edict of the Praetor.] But as for the statement that, if the heir has a fourth by the will of the deceased, the legacies must be paid in full, we must understand it in this way, only if he has it by hereditary right; and therefore, what anyone has received from a co-heir under the name of legacies is not computed towards his fourth.

Notes

  1. 35.2.74.prex iudicio defuncti — Here iudicium means not 'judgment' or 'trial' but the 'last will' or 'testament' of the deceased.
  2. 35.2.74.prita accipere debemus, si — The construction ita... si... expresses a strong condition or limitation, meaning 'we must understand it in this way, only if...', restricting the application of the rule.
  3. 35.2.74.prin quadrantem — The word quadrans means 'a fourth' and is synonymous with quartam (partem) in the preceding clause, referring to the portion reserved for the heir under the Lex Falcidia.

Cite this passage

Justinian I, The Digest of Justinian §35.2.74.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.74.pr

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