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Justinian I · The Digest of Justinian §39.6.10.pr

Substitution of Recipients in Mortis Causa Gifts

Passage 6260 of 9271 · Latin

Summary

The passage explains that a substitute can be appointed for a recipient of a donation mortis causa by having them promise to transfer the property to another person if they are unable to acquire it or under other conditions.

[ULPIANUS libro uigensimo quarto ad Sabinum. ] §39.6.10.prEi, cui mortis causa donatum est, posse substitui constat in hunc modum, ut promittat alicui, si ipse capere non possit, uel sub alia condicione.
[ULPIANUS, from the twenty-fourth book on Sabinus.] It is established that a substitute can be appointed for a person to whom a donation mortis causa has been made, in this manner, namely, that he promises someone [to hand it over] if he himself cannot acquire it, or under some other condition.

Notes

  1. §39.6.10.prposse substitui — Part of the accusative with infinitive (AcI) clause serving as the subject of the impersonal verb `constat` ("it is established"). The passive infinitive `substitui` ("to be substituted / have a substitute appointed") takes the dative `Ei` at the beginning of the sentence as its complement.
  2. §39.6.10.prut promittat — An appositive `ut` clause (with the present subjunctive) explaining the concrete content of the demonstrative phrase `in hunc modum` ("in this manner"). The subject is the recipient of the donation, referred to by `ei`, who is to promise (e.g., via a stipulatio) to hand over the property to a third party if they themselves cannot acquire it.

Cite this passage

Justinian I, The Digest of Justinian §39.6.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.6.10.pr

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