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Justinian I · The Digest of Justinian §5.3.44.pr

Deduction of Received Legacies upon Restoring the Estate

Passage 1042 of 9271 · Latin

Summary

This section outlines the judge's duty to ensure that, when a legatee petitions for and wins an inheritance, the already received legacy is deducted from the inheritance to be restored if it has not been returned beforehand.

[IAUOLENUS libro primo ex Plautio. ] §5.3.44.prCum is, qui legatum ex testamento percepit, hereditatem petit, si legatum quocumque modo redditum non sit, iudicis officio continetur, ut uictori deducto eo quod accepit restituatur hereditas.
[JAVOLENUS in his first book excerpted from Plautius.] When he who has received a legacy under a will petitions for the inheritance, if the legacy has not been returned in any way, it is included in the office of the judge that the inheritance be restored to the victor after deducting what he has received.

Notes

  1. §5.3.44.priudicis officio continetur — Literally meaning "it is contained by the office of the judge," where the ut-clause (ut ... restituatur) functions as the subject or appositive, meaning "it falls within the duty of the judge" or "it is the judge's duty to ensure that..."
  2. §5.3.44.prdeducto eo quod accepit — The phrase "deducto eo" is an ablative absolute, where "eo" is the antecedent of the relative pronoun "quod." It means "with that which he received having been deducted," referring to the deduction of the already received legacy from the total inheritance to be restored.

Cite this passage

Justinian I, The Digest of Justinian §5.3.44.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.44.pr

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