Humanitext Reader

Justinian I · The Digest of Justinian §39.6.25.pr-39.6.25.1

Capacity for Gifts Mortis Causa and Sons under Power

Passage 6275 of 9271 · Latin

Summary

It is explained that a donation mortis causa can be made regardless of whether a will is made, and that even a filius familias, who lacks testatory capacity, can make such a donation with his father's permission.

[MARCIANUS libro nono institutionum. ] §39.6.25.prTam is qui testamentum facit quam qui non facit mortis causa donare potest.
[MARCIANUS, from the ninth book of Institutes.] Both he who makes a will and he who does not make one can make a donation mortis causa.
§39.6.25.1Filius familias, qui non potest facere testamentum nec uoluntate patris, tamen mortis causa donare patre permittente potest.
A filius familias, who cannot make a will even with the consent of his father, can nevertheless make a donation mortis causa if his father permits.

Notes

  1. §39.6.25.1nec uoluntate patris — The particle 'nec' functions as an emphatic negative ('not even'), modifying the ablative phrase 'uoluntate patris' (by the will of the father). It emphasizes that a filius familias lacks testatory capacity even if he has his father's consent.
  2. §39.6.25.1patre permittente — An ablative absolute construction consisting of the noun 'patre' and the present participle 'permittente', here expressing a condition ('if his father permits' or 'with his father's permission').

Cite this passage

Justinian I, The Digest of Justinian §39.6.25.pr-39.6.25.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.6.25.pr-39.6.25.1

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.