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Justinian I · The Digest of Justinian §46.3.104.pr

Payment and Release by the Heir Before Restitution

Passage 7760 of 9271 · Latin

Summary

It states the principle that payments and releases made by the heir before the inheritance is restored to the beneficiary of a trust shall be deemed valid.

[IDEM libro octauo fideicommissorum. ] §46.3.104.prAnte restitutam hereditatem solutiones et liberationes factae ab herede ratae habebuntur.
[THE SAME, in the eighth book on Trusts.] Before the inheritance is restored, payments and releases made by the heir shall be held valid.

Notes

  1. §46.3.104.prAnte restitutam hereditatem — The preposition `ante` is followed by the noun `hereditatem` and the perfect participle `restitutam`, forming the dominant participle construction (commonly known as the "ab urbe condita" construction). Instead of "before the restored inheritance", it is translated as "before the inheritance is restored", with the participle expressing the action.
  2. §46.3.104.prratae habebuntur — The third-person plural future passive of `habere` ("to hold/deem") combined with the predicative adjective `ratae` (nominative feminine plural, agreeing with the subject `solutiones et liberationes`). This is a standard legal formula meaning "shall be held valid" or "will be deemed ratified".

Cite this passage

Justinian I, The Digest of Justinian §46.3.104.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.104.pr

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