- 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-lat1:5.2.28.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-11
The case where Emperor Hadrian decreed the inheritance belonged to a soldier son whose mother falsely believed him dead and named others as heirs, on condition that the manumissions and legacies were preserved, noting this as an exception to the rule of inofficious testaments.
[PAULUS libro singulari de septemuiralibus iudiciis.]
[PAULUS in his Single Book on Septemviral Judgments.]
Cum mater militem filium falso audisset decessisse et testamento heredes alios instituisset, diuus Hadrianus decreuit hereditatem ad filium pertinere ita, ut libertates et legata praestentur.1 hic illud adnotatum2 quod de libertatibus et legatis adicitur: nam cum inofficiosum testamentum arguitur,3 nihil ex eo testamento ualet.
When a mother, having falsely heard that her soldier son had died, had instituted others as heirs in her testament, the Divine Hadrian decreed that the inheritance belonged to the son, provided that the manumissions and legacies were performed. Here, that which is added concerning the manumissions and legacies is noted: for when an inofficious testament is proved, nothing from that testament is valid.
- 5.2.28.prita, ut libertates et legata praestentur
This is an ita ut clause expressing a limitation or condition: "provided that the manumissions and legacies are performed." Ordinarily, if a testament is successfully contested as inofficious, the entire testament is void, but by imperial decree (decretum), an exception is made here to maintain the validity of manumissions and legacies while awarding the inheritance to the son.
- 5.2.28.pradnotatum
The verb est is omitted, meaning adnotatum est ("it is noted"). The subject is the pronoun illud, which is explained by the following quod clause.
- 5.2.28.prcum ... arguitur
The conjunction cum here takes the indicative present arguitur to express a general or repeated condition ("whenever ... is argued/proved").