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Justinian I · The Digest of Justinian §36.3.8.pr

Due Date of Stipulated Legacy Debt upon Vesting

Passage 5681 of 9271 · Latin

Summary

Ulpian explains that when security for legacies has been given and the day for the vesting of the legacies has arrived, they immediately become due as a debt under the stipulation from that very same day.

[ULPIANUS libro quadragensimo octauo ad Sabinum. ] §36.3.8.prCum legatorum nomine satisdatum est, simul dies legatorum cessit, protinus isdem diebus etiam ex stipulatione debentur.
[ULPIANUS libro quadragensimo octauo ad Sabinum.] When security has been given on account of legacies, as soon as the day for the legacies has arrived, immediately on those same days they are also owed on the basis of the stipulation.

Notes

  1. 36.3.8.prdies legatorum cessit — Perfect tense of the legal concept 'dies cedit' (the day on which a right vests). It signifies that the right to the legacy has vested in the legatee, which is distinguished from the day on which the performance becomes enforceable (dies venit).
  2. 36.3.8.prdebentur — Third-person plural present passive indicative of the verb debere. Although the subject is not explicitly stated, legata (legacies) is understood from the context. It indicates that because of the stipulation for security, the legacy also becomes due as a contractual debt.

Cite this passage

Justinian I, The Digest of Justinian §36.3.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.3.8.pr

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