Humanitext Reader

Justinian I · The Digest of Justinian §48.20.11.pr-48.20.11.1

Death Pending Appeal and Property Management by the Accused

Passage 8435 of 9271 · Latin

Summary

This text rules on the exemption of property confiscation and the validity of a will if a condemned person dies during a pending appeal, and allows defendants accused of crimes other than treason to administer property, except for fraudulent alienations which are recovered after condemnation.

[MARCIANUS libro. ] §48.20.11.prSi quis damnatus appellauerit et pendente appellatione decesserit, bona eius non publicantur: nam ita posterius quoque testamentum eius ratum est.
[MARCIANUS, from his Book.] If anyone who has been condemned appeals and dies while the appeal is pending, his property is not confiscated; for in this way, his subsequent will also remains valid.
idem est et si appellatio non recepta est.
The same applies even if the appeal was not admitted.
§48.20.11.1Qui reus est non maiestatis, bona administrare potest et pecuniam credere debitamque sibi recipere, si bona fide debitores ei soluunt: in fraudem autem quae alienauit, post condemnationem reuocantur.
A person who is accused of a crime other than treason can administer his property, lend money, and receive what is owed to him, provided that the debtors pay him in good faith; however, whatever he has alienated in fraud is recovered after his condemnation.

Notes

  1. §48.20.11.prposterius — Comparative neuter singular nominative of the adjective posterus, modifying testamentum. It refers to a will made 'subsequent' to the initial condemnation. While condemnation normally terminates testamenti factio (the capacity to make a will), a pending appeal suspends the finality of the sentence, allowing the subsequent will to remain valid if the accused dies before a final decision.
  2. §48.20.11.1non maiestatis — Genitive singular of maiestas (treason). It functions as a genitive of charge or description modifying reus, meaning 'a person accused of a crime other than treason'. Under Roman law, those accused of treason faced exceptionally severe restrictions, whereas ordinary defendants retained certain rights of property administration until final condemnation.
  3. §48.20.11.1in fraudem — The preposition in with the accusative fraudem expressing purpose or result, meaning 'in fraud of' or 'with intent to defraud' (the treasury or creditors). It functions adverbially with respect to the relative clause quae alienauit (the things which he alienated). This refers to fraudulent transactions made to deplete assets in anticipation of confiscation, which are revoked or recovered after condemnation.

Cite this passage

Justinian I, The Digest of Justinian §48.20.11.pr-48.20.11.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.20.11.pr-48.20.11.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.