Ex libro II

Dig. 35,2,31Pomponius libro secundo fideicommissorum. Is cui fideicommissum solvitur sicut is cui legatum est satisdare debet, quod amplius ceperit, quam per legem Falcidiam ei licuerit, reddi: veluti cum propter condicionem aliorum fideicommissorum vel legatorum legis Falcidiae causa pendebit. sed et secundum Cassii et veterum opinionem, si a pupillo fideicommissa capiuntur, propter ea, quae a substituto erunt relicta, cavere debebit is cui solvatur. nam quamvis repetitio sit eorum, quae fideicommissi nomine non debita solventur, tamen satisdato cautum debet esse ei, a quo pecunia proficisceretur, ne damnum sentiat deficiente eo, cui solutum erit.

Pomponius, Trusts, Book II. The person to whom payment is made in compliance with the terms of a trust, just as one to whom a legacy is bequeathed, is obliged to give security to return anything which he receives in excess of what he is entitled to under the Falcidian Law; as, for example, where the amount due under the Falcidian Law is still in suspense, on account of the condition upon which other trusts or legacies are dependent not having yet been fulfilled. But, according to the opinion of Cassius and the ancient authorities, where a minor is charged with a trust, he to whom the amount is paid should furnish security with reference to the property with which the substitute was charged; for although there may be a repetition of what has been paid under the provisions of the trust, which really is not due, still it is more satisfactory for security to be given to him by whom the money is paid, so that he may not sustain any loss through the party who receives it becoming insolvent.

Dig. 36,1,72Pomponius libro secundo fideicommissorum. Si heres institutus Titio rogatus fuerit restituere hereditatem et rursus Titius heredi post tempus, sufficiunt directae actiones heredi. 1Si heres antequam fideicommissam hereditatem restitueret, alienaverit quid ex hereditate aut servum hereditarium manumiserit aut ruperit quid vel fregerit vel usserit, non competit in eum ulla civilis actio restituta postea hereditate ex Trebelliano senatus consulto, sed ex fideicommissi causa erit hoc quod deperierit persequendum. sin vero post restitutam hereditatem horum quid admiserit heres, dicendum est lege Aquilia cum eo agi posse, si servum forte hereditarium aut vulneraverit aut occiderit. 2Si temporalis actio in hereditate relicta fuerit, tempus, quo heres experiri ante restitutam hereditatem potuit, imputabitur ei cui restituta fuerit.

Pomponius, Trusts, Book II. If an appointed heir is asked to transfer the estate to Titius, and Titius is asked to return it to the heir after a certain time, direct actions will be sufficient to establish the rights of the heir. 1If the heir, before he transfers the estate left in trust, alienates any portion of the same, or manumits a slave belonging to the estate, or destroys, breaks, or burns any of the property, no civil action can be brought against him, if he transfers the estate afterwards under the Trebellian Decree of the Senate, but suit can be brought against him under the trust, on account of the property which has been destroyed. If, however, the heir has committed any of these offences after the estate has been delivered, it must be held that he can be sued under the Aquilian Law; for instance, if he has either wounded or killed a slave belonging to the estate. 2If a temporary right of action is bequeathed to the estate, the time in which the heir could have brought it before transferring the estate will be charged against the person to whom the estate was transferred.

Corpus iurisprudentiae Romanae

Digesta Iustiniani Augusti

Fideicommissorum libri

Ex libro II