Humanitext Reader

Justinian I · The Digest of Justinian §36.2.15.pr

Vesting of a Fideicommissum on Independence by Emancipation

Passage 5656 of 9271 · Latin

Summary

Discusses a fideicommissum left to children on the condition of becoming independent upon their father's death, stating that even if they become independent through emancipation instead, the legacy is valid and the right becomes vested upon emancipation.

[IDEM libro quinto disputationum. ] §36.2.15.prSi ita esset liberis fideicommissum relictum, si morte patris sui iuris essent effecti, nec mortalitate patris, sed emancipatione patres familiarum constituti sint, deberi eis fideicommissum nemo dubitauerit diemque eius emancipatione cessisse, qui morte patris cederet.
[THE SAME in the fifth book of Disputations.] If a fideicommissum had been left to children in this way, namely, "if they should be made sui iuris by the death of their father," and they were constituted heads of households not by the death of their father, but by emancipation, no one would doubt that the fideicommissum is owed to them and that the right to it became vested upon emancipation, which would have become vested upon the death of the father.

Notes

  1. §36.2.15.prSi ita esset liberis fideicommissum relictum, si — The adverb ita (in this way) anticipates and introduces the following conditional clause si morte patris..., specifying the content of the condition attached to the fideicommissum.
  2. §36.2.15.prqui morte patris cederet — The relative pronoun qui (masculine nominative singular) has diem as its antecedent (which is often treated as masculine when referring to a legal term or date, as in dies cedere). The subjunctive imperfect cederet in the relative clause expresses a past hypothetical or scheduled occurrence (what "would have" become vested under the original condition).
  3. §36.2.15.prnemo dubitauerit — dubitauerit is in the perfect subjunctive (potential subjunctive of confident assertion), expressing a strong or confident assertion in the present ("no one would doubt").

Cite this passage

Justinian I, The Digest of Justinian §36.2.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.2.15.pr

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