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Justinian I · The Digest of Justinian §35.2.96.pr

Application of the Falcidian Law to a Soldier's Codicils

Passage 5541 of 9271 · Latin

Summary

For a soldier who made a will as a civilian and codicils during military service, the Falcidian law applies to the will but not to the codicils.

[SCAEUOLA libro singulari quaestionum publice tractatarum. ] §35.2.96.prMiles si, dum paganus erat, fecerit testamentum, militiae tempore codicillos, lex Falcidia in codicillis locum non habet, in testamento locum habebit.
[SCAEVOLA, Single Book on Questions Publicly Treated] If a soldier, while he was a civilian, made a will, and during his time of military service, made codicils, the Falcidian law does not apply to the codicils, but it will apply to the will.

Notes

  1. 35.2.96.prmilitiae tempore codicillos — The clause stands in contrast with the preceding "fecerit testamentum," and the verb "fecerit" is understood to be omitted after "militiae tempore." Thus, it should be read as "[made] codicils during the time of military service."
  2. 35.2.96.prpaganus — Refers to a "civilian" or "non-soldier" in contrast to a soldier ("miles"). It indicates the period during which the person was not entitled to the military privilege regarding wills.
  3. 35.2.96.prlocum habet — Literally "to have a place," this is a legal idiom meaning "to apply" or "to be applicable." Consequently, "locum non habet" with the negative means "does not apply."

Cite this passage

Justinian I, The Digest of Justinian §35.2.96.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.96.pr

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