Humanitext Reader

Justinian I · The Digest of Justinian §36.3.17.pr

Liability of Sureties on Accrual of Co-Heirs' Shares

Passage 5690 of 9271 · Latin

Summary

It explains that if security for a legacy is accepted from only one of several heirs, and the shares of the other co-heirs subsequently accrue to that promisor so that he becomes liable for the whole legacy, the sureties are liable for the entire amount.

[Paulus libro quadragensimo octauo ad edictum. ] §36.3.17.prSi ab uno ex heredibus legatorum satis accipimus, cum ab omnibus heredibus nobis legatum esset: si pars coheredis adcrescat promissori, in totum fideiussores tenentur, si solidum legatum is coeperit debere.
[PAULUS in the forty-eighth book on the Edict.]\n\n If we accept security for legacies from only one of the heirs, although a legacy had been left to us by all the heirs: if the share of a co-heir accrues to the promisor, the sureties are bound for the whole, if he has begun to owe the legacy in full.

Notes

  1. 36.3.17.prcum ab omnibus heredibus nobis legatum esset — A subjunctive pluperfect clause introduced by cum. It is used here in a concessive sense ('although...'), contrasting the premise that the legacy was left by all co-heirs with the fact that security was actually accepted from only one of them.
  2. 36.3.17.prpromissori — Dative case governed by the intransitive verb adcrescat ('accrues to'). It refers to the promisor (the specific heir who provided the security).

Cite this passage

Justinian I, The Digest of Justinian §36.3.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.3.17.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.