- 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-lat1:5.2.14.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-11
In a case where a father emancipated his son but retained his grandson, the emancipated son died having disinherited his two sons and passed over his father. This passage discusses the priority of the lawsuits regarding the inofficious testament between the grandsons and the grandfather.
[PAPINIANUS libro quinto quaestionum.]
[PAPINIANUS in his Fifth Book of Questions.]
Pater filium emancipauit et nepotem ex eo retinuit: emancipatus suscepto postea filio, duobus exheredatis patre praeterito1 uita decessit. in quaestione de inofficiosi testamenti praecedente causa filiorum2 patris intentio adhuc pendet. quod si contra filios iudicetur,3 pater ad querellam uocatur et suam intentionem implere potest.
A father emancipated his son and retained the grandson born of him under his power. The emancipated son, having subsequently begotten another son, died after having disinherited his two sons and passed over his own father in his will. In a dispute concerning an inofficious testament, while the case of the sons takes precedence, the father’s claim remains pending. But if judgment should be given against the sons, the father is called to the complaint and can fulfill his claim.
- 5.2.14.prduobus exheredatis patre praeterito
Two ablative absolute constructions (duobus exheredatis and patre praeterito) are placed side by side to describe the contents of the deceased emancipated son's will. 'Duobus' (the two sons) refers to the grandson who remained under the grandfather's power and the son born after emancipation, while 'patre' (father) refers to the father of the emancipated son (the grandfather).
- 5.2.14.prpraecedente causa filiorum
'praecedente' is an ablative present participle agreeing with 'causa', forming an ablative absolute. It indicates that the lawsuit of the disinherited sons takes legal and procedural precedence over the claim of the grandfather (father) in the dispute over the inofficious testament.
- 5.2.14.prcontra filios iudicetur
'iudicetur' is a third-person singular passive subjunctive used impersonally. Combined with 'contra filios' (against the sons), it means 'if judgment should be given against the sons.'