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Justinian I · The Digest of Justinian §7.9.11.pr

Security for Legacy of Use of a House and Desired Cohabitation

Passage 1347 of 9271 · Latin

Summary

Papinianus explains that security must be provided even when the use of a house is bequeathed, and this requirement remains unchanged even if the deceased father wished his heir sons to cohabit with his legatee wife.

[PAPINIANUS libro septimo responsorum. ] §7.9.11.prUsu quoque domus relicto uiri boni arbitratu cautionem interponi oportet: nec mutat, si pater heredes filios simul habitare cum uxore legataria uoluit.
[PAPINIANUS in the seventh book of Opinions.] Even when the use of a house is bequeathed, a security must be provided according to the judgment of an honorable man; nor does it make any difference if the father wished the sons who were his heirs to live together with his wife, who was the legatee.

Notes

  1. 7.9.11.prnec mutat — nec mutat (literally, "nor does it change") is used impersonally to mean "it makes no difference" or "the conclusion remains the same," followed by the conditional clause starting with si.
  2. 7.9.11.prheredes filios — The subject accusative of the infinitive habitare, where heredes ("heirs") stands in apposition to filios ("sons").

Cite this passage

Justinian I, The Digest of Justinian §7.9.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.9.11.pr

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