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Justinian I · The Digest of Justinian §36.3.2.pr

Payment of Legacy to an Emancipated Son Entitled to Claim

Passage 5675 of 9271 · Latin

Summary

This section states that when a son is sui iuris and can claim a legacy, the heir cannot be compelled to pay it to anyone other than the son, even if the father offers to give security against further claims.

[PAPINIANUS libro uicensimo octauo quaestionum. ] §36.3.2.prNec si forte uelit pater cauere ne minem amplius petiturum, compellendus erit heres legatum, quod iam filius petere potest, alii quam cui debetur exsoluere.
Nor, even if the father should wish to give security that no one will make any further claim, will the heir be compelled to pay the legacy, which the son can now claim, to anyone other than the one to whom it is owed.

Notes

  1. 36.3.2.prne minem — This is commonly understood as `neminem` ("no one"), acting as the subject accusative of the future infinitive `petiturum` (with `esse` omitted). The phrase expresses the content of the security: "that [he guarantees] no one will make any further claim."
  2. 36.3.2.pralii quam cui debetur — `alii` is a dative depending on `exsoluere` ("to pay to someone else"), contrasted via `quam` ("than") with `cui debetur` ("the one to whom it is owed," i.e., the son who is the rightful recipient). The context rules out forcing the heir to pay the legacy to anyone other than the actual creditor.

Cite this passage

Justinian I, The Digest of Justinian §36.3.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.3.2.pr

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