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Justinian I · The Digest of Justinian §50.12.9.pr

Liability Limits for Heirs and Donors on Begun Works

Passage 8791 of 9271 · Latin

Summary

This section explains the rulings of the deified emperors regarding the extent of liability of a promisor and their heirs (both outside heirs and children) for promises made for an office or for works already commenced, as well as the limitation of liability for a donor who has fallen into poverty.

[MODESTINUS libro quarto differentiarum. ] §50.12.9.prEx pollicitatione, quam quis ob honorem apud rem publicam fecit, ipsum quidem omnimodo in solidum teneri: heredem uero eius ob honorem quidem facta promissione in solidum, ob id uero, quod opus promissum coeptum est, si bona liberalitati soluendo non fuerint, extraneum heredem in quintam partem patrimonii defuncti, liberos in decimam teneri diui Seuerus et Antoninus rescripserunt.
[MODESTINUS, in the fourth book on Differences.] The deified Severus and Antoninus replied by rescript that, on account of a promise made by someone to a state for the sake of an office, the promisor himself is indeed bound in full under all circumstances; his heir, however, is bound in full if the promise was made for the sake of an office, but in the case where the promised work has been commenced, if the estate is not sufficient to discharge the liberality, an outside heir is bound for a fifth part of the deceased's estate, and the children for a tenth.
sed et ipsum donatorem pauperem factum ex promissione operis coepti quintam partem patrimonii sui debere diuus Pius constituit.
Moreover, the deified Pius established that even the donor himself, if he has become poor, owes only a fifth part of his own estate on account of a promise of a work that has been commenced.

Notes

  1. §50.12.9.prsoluendo non fuerint — The word 'soluendo' is the dative of the gerundive 'soluendus', expressing purpose or capacity, with 'bona' as the subject. The phrase 'bona soluendo non sunt' (or 'fuerint') is a legal idiom meaning 'the assets/estate are not sufficient to pay' or 'are insolvent'. Here, it indicates the situation where the deceased's estate is insufficient to discharge the promised gift (liberalitati, dative).
  2. §50.12.9.prextraneum heredem ... liberos — These are the subject accusatives in the Accusative with Infinitive (A.C.I.) construction 'extraneum heredem ... liberos teneri'. Under Roman law, it distinguishes the liability limits of an outside heir (extraneus heres, one not under the power of the deceased) from those of the children (liberi) when the estate is insolvent, the former being liable up to one-fifth of the deceased's estate, and the latter up to one-tenth.

Cite this passage

Justinian I, The Digest of Justinian §50.12.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.12.9.pr

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