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Justinian I · The Digest of Justinian §39.6.40.pr

Retroactive Effect of Donations Mortis Causa between Spouses

Passage 6290 of 9271 · Latin

Summary

It explains that in the case of a donation mortis causa between husband and wife, if the death of the donor follows, the donation is referred back to the time when it was made.

[PAPINIANUS libro uicensimo nono quaestionum. ] §39.6.40.prSi mortis causa inter uirum et uxorem donatio facta sit, morte secuta reducitur ad id tempus donatio, quo interposita fuisset.
[PAULUS, On Plautius, Book 17.] If a person to whom a slave has been donated mortis causa has manumitted him, he is liable to an action for recovery (condictio) for the price of the slave, because he knows that a recovery can be sought against him if the donor should recover.

Notes

  1. §39.6.40.prmorte secuta — Ablative absolute consisting of the perfect participle "secuta" of the deponent verb "sequor" (to follow) and the noun "mors" in the ablative singular. It functions temporally or conditionally, meaning "upon the death [of the donor] following" or "when death has ensued."
  2. §39.6.40.prreducitur ... quo interposita fuisset — The verb "reducitur" is the present indicative passive of "reduco" (to refer back, reduce back). The verb in the relative clause introduced by "quo" is the pluperfect subjunctive "interposita fuisset" (from interpono, to interpose/make). It describes the retroactive effect where, despite the general prohibition of donations between husband and wife, the donation mortis causa is validated retroactively to the very moment of its initiation once death ensues.

Cite this passage

Justinian I, The Digest of Justinian §39.6.40.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.6.40.pr

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