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Justinian I · The Digest of Justinian §36.1.19.pr-36.1.19.3

Inclusion of Fruits and Specific Legacies in Trust Restitution

Passage 5571 of 9271 · Latin

Summary

This chunk explains the conditions under which fruits are included in the trust-restitution of an inheritance, their imputation to the fourth part, and the criteria for determining whether a specific legacy left to an heir falls under the trust.

[IDEM libro quinto decimo ad Sabinum. ] §36.1.19.prIn fideicommissaria hereditatis restitutione constat non uenire fructus, nisi ex mora facta est aut cum quis specialiter fuerit rogatus et fructus restituere.
[The same, in the fifteenth book on Sabinus.] In the trust-restitution of an inheritance, it is established that the fruits are not included, unless delay has occurred or when someone has been specifically requested to restore the fruits as well.
§36.1.19.1Plane fructus in quartam imputantur, ut est et rescriptum.
Clearly, the fruits are imputed to the fourth part, as is also stated in a rescript.
§36.1.19.2Quotiens quis rogatur hereditatem restituere, id uidetur rogatus reddere, quod fuit hereditatis: fructus autem non hereditati, sed ipsis rebus accepto feruntur.
Whenever anyone is requested to restore an inheritance, he is deemed to be requested to return that which belonged to the inheritance; but fruits are credited not to the inheritance, but to the things themselves.
§36.1.19.3Si legatum sit heredi relictum et rogatus sit portionem hereditatis restituere, id solum non debere eum restituere, quod a coherede accepit: ceterum quod a semetipso ei relictum est, in fideicommissum cadit: et id diuus Marcus decreuit.
If a legacy has been left to an heir and he is requested to restore a portion of the inheritance, he is not bound to restore only that which he received from a co-heir; but what was left to him from himself falls into the trust; and the divine Marcus so decreed.

Notes

  1. §36.1.19.prnon uenire fructus — Meaning "that fruits are not included." The verb uenire is used here not in its common sense of "to come," but in the legal sense of "to be included" or "to be part of" the inheritance to be restored. fructus is an accusative plural, acting as the subject of the infinitive uenire.
  2. §36.1.19.3quod a semetipso ei relictum est — Meaning "what was left to him from himself." This refers to a legacy charged upon the heir himself for his own benefit, rather than upon a co-heir. Such a legacy is not exempted from the duty of restoration and falls under the trust (in fideicommissum cadit).

Cite this passage

Justinian I, The Digest of Justinian §36.1.19.pr-36.1.19.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.1.19.pr-36.1.19.3

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