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Justinian I · The Digest of Justinian §37.8.2.pr

Grandchildren's Obligation to Pay Legacies upon Succession

Passage 5799 of 9271 · Latin

Summary

Paulus argues that although the praetor made no explicit provision regarding the grandchild's obligation to pay legacies, the previous rules should apply to this case as well, since it is absurd for the father to pay while the grandchild holds more when they are called to the inheritance on equal terms.

[PAULUS libro quadragensimo primo ad edictum. ] §37.8.2.prNihil in hac parte edicti cauit praetor, Sfut legata exceptis personis nepos praestet: sed potest superior sermo et ad hunc casum referri.
[PAULUS in the forty-first book on the edict.] The praetor made no provision in this part of the edict that a grandchild should pay legacies, except to certain persons; but the preceding language can also be applied to this case.
nam absurdum est patrem quidem eius legata praestare, ipsum uero plus habere, cum eadem condicione in eandem partem uocantur.
For it is absurd that his father should indeed pay legacies, but he himself should have more, when they are called to the same share under the same condition.

Notes

  1. 37.8.2.prSfut — The word 'Sfut' in the text is likely a corruption or variant reading for 'ut', which introduces a substantive clause of purpose/result with 'praestet' as the object of 'cauit'.
  2. 37.8.2.prexceptis personis — An ablative absolute meaning 'with certain persons excepted,' referring to those who are legally exempt from paying or receiving legacies under the relevant rules of bonorum possessio.
  3. 37.8.2.prsuperior sermo — Refers to the 'preceding language' or previous provisions, specifically the rules discussed earlier regarding collation or the proportions of legacy payments imposed on the heirs.

Cite this passage

Justinian I, The Digest of Justinian §37.8.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.8.2.pr

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