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Justinian I · The Digest of Justinian §37.5.24.pr

Required Timing for Legatee's Status as a Child

Passage 5773 of 9271 · Latin

Summary

It addresses the question of when a legatee must possess the status of a child to be protected against the possession of goods contrary to the will, concluding that it is sufficient to have that status when the right vests.

[TRYPHONINUS libro sexto decimo disputationum. ] §37.5.24.prInteruenit illa quaestio, quando numero liberorum esse debeat is cui legatum datum est, ut id ferre possit a filio contra tabulas bonorum possessionem accipiente.
[TRYPHONINUS, book sixteen of the Disputations.] The question arises as to when a person to whom a legacy has been given must be in the number of children, so that he can receive it from a son who accepts possession of goods contrary to the provisions of the will.
et placet sufficere in ea necessitudine tunc esse, quando dies legati cedit.
And the opinion is approved that it is sufficient for him to be in that relationship at the time when the right to the legacy vests.

Notes

  1. §37.5.24.prnumero liberorum — An ablative phrase meaning "in the number of children." Here it refers to having the status of a child so that the legacy is protected against the possession of goods contrary to the will.
  2. §37.5.24.prdies legati cedit — A clause using the Roman legal term "dies cedit" (the day yields/arrives), referring to the moment when the right to the legacy vests in the legatee, typically upon the testator's death.
  3. §37.5.24.praccipiente — The present participle "accipiente" is not an ablative absolute, but an attributive participle agreeing with the ablative noun "filio" which is governed by the preposition "a".

Cite this passage

Justinian I, The Digest of Justinian §37.5.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.5.24.pr

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