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Justinian I · The Digest of Justinian §46.3.105.pr

Grace Period for Heir to Reimburse the Surety

Passage 7761 of 9271 · Latin

Summary

Paulus argues that regarding the heir's obligation to immediately reimburse the testator's surety for payments made before the acceptance of the inheritance, a reasonable delay must be allowed, as the heir is not expected to bring a money-bag at the moment of acceptance.

[PAULUS libro singulari ad legem Falcidiam. ] §46.3.105.prQuod dicimus in eo herede, qui fideiussori testatoris id, quod ante aditam hereditatem ab eo solutum est, debere statim soluere, cum aliquo scilicet temperamento temporis intellegendum est: nec enim cum sacco adire debet.
[PAULUS, in the single book on the Falcidian Law.] What we say in the case of that heir, who is under an obligation to pay immediately to the testator's surety that which was paid by him before the acceptance of the inheritance, must of course be understood with some allowance of time; for he is not obliged to approach the acceptance of the inheritance with a money-bag.

Notes

  1. §46.3.105.prdebere — The infinitive `debere` is used instead of the indicative `debet` within the relative clause `qui ...` due to syntactic attraction by the indirect speech construction governed by the main verb `dicimus`.
  2. §46.3.105.prante aditam hereditatem — A construction of the 'ab urbe condita' type, consisting of the preposition `ante` followed by a noun and a perfect passive participle in the accusative, meaning 'before the acceptance of the inheritance'.
  3. §46.3.105.prcum sacco adire — The verb `adire` is used absolutely, with the ellipsis of `hereditatem` (to enter upon the inheritance). 'To approach with a money-bag' is a humorous metaphor indicating that the heir is not required to have physical cash on hand at the exact moment of formal acceptance, thus justifying a reasonable delay (`temperamento temporis`).

Cite this passage

Justinian I, The Digest of Justinian §46.3.105.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.105.pr

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