- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.34.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-30
Modestinus quotes the opinion of Julianus that the right of agnation cannot be renounced by agreement, just as one cannot refuse the status of a self-successor.
[MODESTINUS libro quinto regularum.]
[MODESTINUS, Rules, book 5]
Ius adgnationis non posse pacto repudiari, non magis quam ut1 quis dicat nolle suum2 esse, Iuliani sententia est.
It is the opinion of Julianus that the right of agnation cannot be renounced by agreement, any more than anyone can say that he does not wish to be a self-successor.
- 2.14.34.prnon magis quam ut
A comparative negative correlation meaning "no more than...". Here, the impossibility of renouncing the right of agnation by agreement is explained by comparison with the clearer legal principle that one cannot reject becoming a self-successor. The clause with ut and the subjunctive (dicat) presents the hypothetical situation serving as the standard of comparison.
- 2.14.34.prsuum
The accusative masculine singular pronoun suum is used with the ellipsis of heredem (accusative of heres, "heir"), referring to a suus heres (a self-successor, i.e., an heir who was under the paternal power of the deceased at the time of death). In Roman law, a suus heres automatically becomes an heir upon the death of the deceased, and this status cannot be rejected in advance by a mere declaration or agreement.