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Justinian I · The Digest of Justinian §44.7.40.pr

Equating Legacies with Hereditary Actions

Passage 7325 of 9271 · Latin

Summary

Explains that legacies are treated on the same footing as hereditary actions, even if they begin from the heir.

[PAULUS libro undecimo ad edictum. ] §44.7.40.prHereditariarum actionum loco habentur et legata, quamuis ab herede coeperint.
[PAULUS, from his eleventh book on the Edict.] Legacies also are treated as being in the place of hereditary actions, even though they have begun from the heir.

Notes

  1. §44.7.40.prloco habentur — The expression loco habere means "to regard as, to treat as on the same footing." Here, in the passive loco haberi with the genitive hereditariarum actionum, it means "are treated on the same footing as hereditary actions."
  2. §44.7.40.prquamuis ... coeperint — Led by the concessive conjunction quamuis, the verb coeperint is in the perfect subjunctive (3rd person plural). It indicates that even though legacies begin only after the succession of the heir (rather than during the lifetime of the deceased), they receive the same legal treatment as hereditary actions.

Cite this passage

Justinian I, The Digest of Justinian §44.7.40.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.40.pr

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