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Justinian I · The Digest of Justinian §42.5.7.pr

Debts Not Actionable in Life as Inheritance Debts

Passage 6956 of 9271 · Latin

Summary

Gaius explains that inheritance debt also includes obligations that could not be sued upon against the deceased during their lifetime, such as deathbed promises or post-mortem payments by a guarantor.

[GAIUS libro uicesimo tertio ad edictum prouinciale. ] §42.5.7.prHereditarium aes alienum intellegitur etiam id, de quo cum defuncto agi non potuit, ueluti quod is cum moreretur daturum se promisisset, item quod is, qui pro defuncto fideiussit, post mortem eius soluit.
[GAIUS, on the Provincial Edict, book 23] Inheritance debt is understood to include also that on which an action could not be brought against the deceased, for example, that which he had promised he would give when he was dying, and likewise that which he who guaranteed for the deceased paid after his death.

Notes

  1. §42.5.7.pragi non potuit — The passive infinitive 'agi' of 'agere' (to bring an action) is used impersonally with 'non potuit' (literally, 'it could not be sued with the deceased'), referring to obligations on which a lawsuit could not have been brought against the deceased during his lifetime.
  2. §42.5.7.prdaturum se promisisset — The future active participle 'daturum' stands for 'daturum esse' with the omission of the auxiliary 'esse'. Together with the accusative subject pronoun 'se' (himself), it forms the object clause of 'promisisset' (had promised).

Cite this passage

Justinian I, The Digest of Justinian §42.5.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.5.7.pr

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