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Justinian I · The Digest of Justinian §39.6.26.pr

Simultaneous Death in Mutual Donations Mortis Causa

Passage 6276 of 9271 · Latin

Summary

If two persons who made mutual donations mortis causa die at the same time, neither survived the other, so their heirs cannot claim recovery; the same rule applies to mutual donations between husband and wife.

[IDEM libro secundo regularum. ] §39.6.26.prSi qui inuicem sibi mortis causa donauerunt pariter decesserunt, neutrius heres repetet, quia neuter alteri superuixit.
[THE SAME, from the second book of Rules.] If persons who made donations mortis causa to each other died at the same time, the heir of neither shall claim recovery, because neither survived the other.
idem iuris est, si pariter maritus et uxor sibi donauerunt.
The same rule of law applies if a husband and wife made donations to each other and died at the same time.

Notes

  1. §39.6.26.prneutrius heres — The genitive singular neutrius of neuter ('neither') modifies heres ('heir'). It forms the subject of the clause, meaning 'the heir of neither of the two shall claim recovery.'
  2. §39.6.26.pridem iuris — Meaning 'the same rule of law,' consisting of the neuter pronoun idem (nominative singular) and the genitive iuris from ius (partitive genitive). Literally 'the same of law,' indicating that the same legal consequence established in the preceding sentence applies here as well.

Cite this passage

Justinian I, The Digest of Justinian §39.6.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.6.26.pr

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