Humanitext Reader

Justinian I · The Digest of Justinian §36.4.8.pr

Possession for Legacies and Fraudulently Alienated Assets

Passage 5700 of 9271 · Latin

Summary

Discusses the scope of the legatee's right to enter into possession when security for legacies is not provided, extending it to assets that have been deceitfully removed from the inheritance after its restoration.

[PAPINIANUS libro sexto quaestionum. ] §36.4.8.prSi legatorum satis non datur, restituta hereditate in earum quoque rerum possessionem legatarius mittendus erit, quae dolo malo eius, cui restituta est hereditas, in hereditaria causa desierunt.
[PAPINIANUS, book 6 of Questions] If security for the legacies is not given, when the inheritance has been restored, the legatee must be placed in possession of those things also which, through the bad faith of the person to whom the inheritance was restored, have ceased to be in the status of the inheritance.

Notes

  1. §36.4.8.prrestituta hereditate — Ablative absolute. It refers to the situation where the inheritance has been restored (restituere) from the heir to the fideicommissary (trust beneficiary) in the context of a trust (fideicommissum).
  2. §36.4.8.prin hereditaria causa desierunt — The verb desino (to cease) combined with the prepositional phrase in hereditaria causa (in the status of the inheritance) means "ceased to be part of the inheritance" or "lost their character as inheritance assets."

Cite this passage

Justinian I, The Digest of Justinian §36.4.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.4.8.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.