Humanitext Reader

Justinian I · The Digest of Justinian §50.17.17.pr

Presumption of Terms in Wills Benefiting the Heir

Passage 9077 of 9271 · Latin

Summary

The addition of a term in a will is presumed to be in favor of the heir, unless the testator intended otherwise, mirroring how a term in stipulations is added for the benefit of the promisor.

[IDEM libro uicensimo tertio ad Sabinum. ] §50.17.17.prCum tempus in testamento adicitur, credendum est pro herede adiectum, nisi alia mens fuerit testatoris: sicuti in stipulationibus promissoris gratia tempus adicitur.
[THE SAME, in his twenty-third book on Sabinus.] When a term is added in a will, it must be believed to have been added in favor of the heir, unless the intention of the testator was otherwise; just as in stipulations a term is added for the sake of the promisor.

Notes

  1. §50.17.17.prcredendum est pro herede adiectum — This is an accusative-with-infinitive construction depending on credendum est ("it must be believed/held"). The subject accusative tempus is omitted before the passive infinitive adiectum [esse], being understood from the preceding clause.
  2. §50.17.17.prpromissoris gratia — A combination of the genitive promissoris and the postpositioned ablative gratia ("for the sake of," "in favor of"). It refers to the principle that in a stipulation, a term or delay is assumed to be granted for the benefit of the promisor (the obligor).

Cite this passage

Justinian I, The Digest of Justinian §50.17.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.17.pr

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.