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Justinian I · The Digest of Justinian §35.3.8.pr

Payment of Fideicommissum on Security Pending Escheat

Passage 5549 of 9271 · Latin

Summary

A decree stating that if an heir claims the estate has been escheated but a trust is proven to exist, payment should be made to the claimant on the condition that they provide security for restoration in case of eviction.

[MAECIANUS libro decimo fideicommissorum. ] §35.3.8.prSi heres partem bonorum uel etiam uniuersa bona delata ad fiscum diceret, constaret autem de fideicommisso, decretum est, ut petitori cauenti 'euicta hereditate restitutu iri’ solueretur.
[MAECIANUS on Trusts, Book 10] If the heir should claim that a part of the estate or even the entire estate has been escheated to the treasury, while on the other hand the existence of the trust is clear, it has been decreed that payment should be made to the claimant upon his giving security that 'if the inheritance is evicted, restoration will be made.'

Notes

  1. §35.3.8.prdelata — This participle forms an accusative with infinitive construction (delata [esse]) with partem bonorum and uniuersa bona as its subject accusatives, where esse is omitted. Deferre ad fiscum means to report or transfer to the treasury (for confiscation).
  2. §35.3.8.prcauenti — A dative present participle modifying petitori (the claimant). It functions with a conditional force, implying "to the claimant, provided that he provides security."
  3. §35.3.8.prrestitutu iri — A variant or phonetic spelling of the future passive infinitive restitutum iri. It expresses the content of the security (cauere), meaning that if the inheritance is evicted (lawfully recovered by a third party), the trust property paid out will be restored.

Cite this passage

Justinian I, The Digest of Justinian §35.3.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.3.8.pr

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