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Justinian I · The Digest of Justinian §35.3.7.pr

Security for Return by a Distributor of Annual Legacies

Passage 5548 of 9271 · Latin

Summary

The passage explains that the divine Pius forbade requiring security for the return of unclaimed shares from a person ordered to distribute annual legacies, unless such security was expressly directed.

[PAULUS libro septimo ad legem Iuliam et Papiam. ] §35.3.7.prDiuus Pius ab eo, qui annua legata praecipere ad distribuendum iussus erat, uetuit cautionem exigi cessantium partes reddi, nisi aperte cauere iussus esset.
[PAULUS on the Lex Iulia et Papia, Book 7] The divine Pius forbade demanding from a person who had been ordered to receive annual legacies beforehand for the purpose of distribution, security that the shares of those who failed to claim would be returned, unless he had been expressly ordered to provide security.

Notes

  1. §35.3.7.prcautionem exigi cessantium partes reddi — The content of the security (cautionem) is explained by the accusative and infinitive clause cessantium partes reddi (that the shares of those who fail to claim be returned). This infinitive clause is appositive to cautionem, specifying the substance of the security. Syntactically, cautionem exigi is the object of uetuit, with cautionem being qualified by the subsequent infinitive phrase.
  2. §35.3.7.prcessantium — The genitive plural of the present participle cessare (to cease, delay, or fail to act) is used substantively here to refer to those beneficiaries who, despite being entitled to a share of the legacy, fail to claim or receive it.

Cite this passage

Justinian I, The Digest of Justinian §35.3.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.3.7.pr

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