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Justinian I · The Digest of Justinian §36.1.21.pr

Transmission of Legacy when Legatee Dies during Wife's Pregnancy

Passage 5573 of 9271 · Latin

Summary

It explains that if a legacy is left pending the time of children and the legatee dies while his wife is pregnant, the right to the legacy is transmitted to his heir.

[ULPIANUS libro nono decimo ad Sabinum. ] §36.1.21.prSed et si ad tempus liberorum fuerit legatum relictum et is uxore praegnate decesserit, ad heredem suum transferat legatum.
[ULPIANUS in the nineteenth book on Sabinus.] But also if a legacy has been left pending the time of children, and he dies while his wife is pregnant, he transmits the legacy to his heir.

Notes

  1. 36.1.21.prad tempus liberorum — Meaning 'until the time of children'. It refers to the period until children are born, or the time when they are expected to be born.
  2. 36.1.21.prtransferat — The subject is the preceding pronoun 'is' (the deceased legatee). The present subjunctive expresses the legal consequence that naturally follows when the specific conditions are met.

Cite this passage

Justinian I, The Digest of Justinian §36.1.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.1.21.pr

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