Justinian I · The Digest of Justinian §39.6.36.pr
Gifts for Fulfilling Conditions and Statutory Limits
Summary
Ulpian discusses the statutory restrictions on taking property given to fulfill a condition, explaining that even if it does not derive from the deceased's estate, it counts towards the statutory limit, with specific distinctions made for payments by a conditionally manumitted slave depending on whether the asset was in his peculium at the time of death.
[ULPIANUS libro octauo ad legem Iuliam et Papiam. ] §39.6.36.prQuod condicionis implendae causa datur, licet non ex bonis mortui proficiscitur, capere tamen supra modum non poterit is, cui certum modum ad capiendum lex concessit.
[ULPIAN, On the Lex Iulia et Papia, book 8.] What is given for the purpose of fulfilling a condition, although it does not come from the property of the deceased, nevertheless cannot be taken beyond the limit by him to whom the law has granted a certain limit for taking.
certe quod a statulibero condicionis implendae causa datur, indubitate modo lege concesso imputatur: sic tamen, si mortis tempore in peculio id habuit.
Certainly, what is given by a statuliber for the purpose of fulfilling a condition is without doubt imputed to the limit granted by law; provided, however, that he had it in his peculium at the time of death.
ceterum si post mortem, uel etiam si alius pro eo dedit, quia non fuit ex his bonis, quae mortis tempore testator habuit, in eadem erunt causa, in qua sunt, quae a legatariis dantur.
But if [it is given] after death, or even if another has given it on his behalf, because it was not from those goods which the testator had at the time of death, they will be in the same status as those things which are given by legatees.
Notes
- §39.6.36.prcondicionis implendae causa — For the purpose of fulfilling a condition. A gerundive construction in the genitive where `implendae` agrees with `condicionis`, governed by the postpositional ablative noun `causa` to express purpose.
- §39.6.36.prstatulibero — Ablative. Used with the preposition `a` to express the agent ('by...') of the passive verb `datur`. A `statuliber` refers to a slave who has been conditionally manumitted by a testament (e.g., upon paying a certain sum), and is here the party making the payment to fulfill that condition.
- §39.6.36.prin eadem erunt causa — The apodosis (main clause) responding to the conditional clauses introduced by `si` ('if [it is given] after death' and 'if another has given it'). The subject of the third-person plural future verb `erunt` ('they will be') is the implied things given (neuter plural `ea`).
Cite this passage
Justinian I, The Digest of Justinian §39.6.36.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.6.36.pr
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