[IDEM libro trigensimo quarto ad Sabinum. ] §50.17.40.prFuriosi uel eius, cui bonis interdictum sit, nulla uoluntas est.
[THE SAME, in his thirty-fourth book on Sabinus.] A madman, or one who has been interdicted from his property, has no will.
Justinian I · The Digest of Justinian §50.17.40.pr
Absence of Legal Will in the Insane and Interdicted
Summary
It states that there is no legally valid will in the case of a madman or a person who has been interdicted from managing their property.
Notes
- §50.17.40.prcui bonis interdictum sit — The verb `interdictum sit` in the relative clause is in the impersonal passive voice, based on the construction `interdicere alicui` (dative) `aliqua re` (ablative) (to interdict someone from managing something, i.e., to declare someone legally incompetent). Here, the relative pronoun `cui` is the dative and `bonis` is the ablative. The subjunctive `sit` is used because the relative clause characterizes the class of person subject to this restriction.
Cite this passage
Justinian I, The Digest of Justinian §50.17.40.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.40.pr
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