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Justinian I · The Digest of Justinian §48.10.5.pr

Pardon for Legacy Revocation under Paternal Command

Passage 8271 of 9271 · Latin

Summary

A case where the Senate remitted the penalty for a person who revoked legacies via a self-written codicil and allowed him to take the inheritance, because he acted under his father's order and was under twenty-five.

[IULIANUS libro octagensimo sexto digestorum. ] §48.10.5.prSenatus poenam remisit ei, qui legata a se testamento data codicillis sua manu scriptis ademerat, sed quia et iussu patris id fecerat et annorum uiginti quinque erat: hereditatem quoque ei capere permissum est.
[JULIANUS, Digest, Book LXXXVI] The Senate remitted the penalty for a person who had, by a codicil written in his own hand, revoked legacies that had been charged upon him by a will; but because he had done this both by his father's order and while under twenty-five years of age, he was also permitted to take the inheritance.

Notes

  1. §48.10.5.prlegata a se testamento data — Refers to "legacies (legata) given (data) as to be paid from him (a se)" in the will (testamento). In Roman law, since a legacy is charged upon the heir as a debt, it is described as being given "from" the heir.
  2. §48.10.5.prannorum uiginti quinque — Genitive of quality expressing age. Although it literally means "of twenty-five years," in the context of Roman law, it refers to a person "under twenty-five years of age" (minor uiginti quinque annorum) who is eligible for legal relief (such as restitutio in integrum). Thus, "minor" is understood as omitted or implied.

Cite this passage

Justinian I, The Digest of Justinian §48.10.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.10.5.pr

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