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Justinian I · The Digest of Justinian §36.4.17.pr

Father's Exemption from Security and Curatorship for a Son's Legacy

Passage 5709 of 9271 · Latin

Summary

In the case of legacies given to a subject son by his father as heir, the father is not compelled to give security, but rules are provided for the appointment of a curator in case of bad management and for petitioning the emperor in case of a monetary legacy.

[UALENS libro septimo actionum. ] §36.4.17.prSi filio qui in potestate est a patre herede instituto legata data sunt, ad satisdationem pater a filio compelli non potest: sed si male administrat, curator constituendus est rerum filio relictarum ita, ut reditus earum utrique praestet: aut si pecuniae summa legata est, princeps adeundus est.
[VALENS, book 7 of Actions.] If legacies are given to a son who is under paternal power by his father who has been instituted as heir, the father cannot be compelled by the son to provide security; but if he manages them badly, a curator must be appointed for the property left to the son, in such a way that he delivers the income from it to both of them; or, if a sum of money has been bequeathed, the emperor must be petitioned.

Notes

  1. §36.4.17.pra patre herede instituto — Ablative phrase. The words "herede instituto" stand in apposition to "patre" (or function as a participial clause), meaning "by the father who has been instituted as heir."
  2. §36.4.17.prutrique — Dative. It refers to both "the son" (filio), who is the legatee, and "the father" (pater), who holds paternal power and may have some interest or usufruct in the property.
  3. §36.4.17.prprinceps adeundus est — Gerundive construction. "adeundus est" means "must be approached/petitioned," where "princeps" (the emperor) acts as the subject of the passive periphrastic conjugation, derived from the transitive use of "adire" (to approach/petition).

Cite this passage

Justinian I, The Digest of Justinian §36.4.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.4.17.pr

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