Humanitext Reader

Justinian I · The Digest of Justinian §5.3.46.pr

Status of Possessor in Tacit Trust for Incapable Persons

Passage 1044 of 9271 · Latin

Summary

It rules that a person who enters into a secret agreement (tacit trust) to restore an inheritance to someone legally incapable of taking it must be treated as an unlawful possessor.

[MODESTINUS libro sexto differentiarum. ] §5.3.46.prPraedonis loco intellegendus est is, qui tacitam fidem interposuerit, ut non capienti restitueret hereditatem.
[MODESTINUS in his sixth book on Differences.] He who has entered into a tacit agreement to restore the inheritance to one who cannot take it must be understood to be in the position of an unlawful possessor.

Notes

  1. 5.3.46.prPraedonis loco — Meaning "in the position of an unlawful possessor." It indicates that the person is subject to the same strict legal liabilities as a bad-faith possessor (malae fidei possessor) in an inheritance petition.
  2. 5.3.46.prtacitam fidem — Literally "tacit faith (agreement)." It refers to a secret trust agreement made between the heir and the actual beneficiary to circumvent legal restrictions on acquisition.
  3. 5.3.46.prnon capienti — Meaning "to one who does not take (is incapable of taking)." It refers to a person who lacks the capacity to acquire (capere) property by inheritance or legacy under restrictive statutes such as the lex Julia et Papia Poppaea.

Cite this passage

Justinian I, The Digest of Justinian §5.3.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.46.pr

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