- 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-lat1:5.2.31.pr-5.2.31.3
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-11
This section discusses the succession of the right to bring an action for an inofficious testament to the next person in line if the first eligible party fails to do so, the irrelevance of the designated heir's status, and how accepting a legacy or expressing consent to the testament bars a person from bringing the action.
[PAULUS libro singulari de septemuiralibus iudiciis.]
[PAULUS in his Single Book on Septemviral Judgments.]
Si is qui admittitur ad accusationem, nolit aut non possit accusare, an sequens admittatur,1 uidendum est. et placuit posse, ut fiat successioni locus.
If the person who is admitted to bring the accusation should be unwilling or unable to accuse, we must consider whether the person next in order is admitted. And it has been decided that he can, so that there may be room for succession.
Quantum ad inofficiosi liberorum uel parentium querellam pertinet, nihil interest, quis sit heres scriptus ex liberis an extraneis uel municipibus.
As far as the complaint of an inofficious testament of children or parents is concerned, it makes no difference who is designated as heir, whether they are among the children, or outsiders, or municipalities.
Si heres extiterim ei, qui eo testamento institutus est quod de inofficioso arguere uolo,2 non mihi nocebit, maxime si eam portionem non possideam uel iure suo3 possideam.
If I have become the heir to someone who was appointed in that testament which I wish to challenge as inofficious, it will not prejudice me, especially if I do not possess that portion or if I possess it by its own right.
Diuersum dicemus, si legauerit mihi eam rem, quam quis ex eo testamento acceperat: nam si eam adgnoscam, repellar ab accusatione. quid ergo si alias uoluntatem testatoris probauerim? puta4 in testamento adscripserim post mortem patris consentire me?5 repellendus sum ab accusatione.
We shall say otherwise if he has bequeathed to me that property which someone had received under that testament: for if I accept it, I shall be barred from the accusation. What then if I have approved the testator’s will in some other way? Suppose I have written on the testament that I consent after my father’s death? I must be barred from the accusation.
- 5.2.31.pran sequens admittatur
An indirect question clause using the subjunctive present passive admittatur, introduced by the impersonal gerundive phrase uidendum est (it must be seen/considered). an introduces the question of whether or not.
- 5.2.31.2quod de inofficioso arguere uolo
The relative pronoun quod (neuter singular accusative) has eo testamento (neuter singular ablative) as its antecedent. It functions as the direct object of the transitive verb arguere (to challenge, accuse), making the construction literally 'which [testament] I wish to challenge as inofficious'.
- 5.2.31.2iure suo
Ablative of manner or cause. Literally 'by its (or his) own right'. In this legal context, it contrasts possessing a portion as an appointed heir under the contested testament with possessing it by virtue of one's own independent legal right or status.
- 5.2.31.3puta
Originally the second-person singular present imperative of putare (to think, suppose), but used here parenthetically as an adverb meaning 'for instance' or 'suppose'.
- 5.2.31.3consentire me
An accusative-with-infinitive (AcI) construction consisting of the subject accusative me and the infinitive consentire, acting as the object of the verb adscripserim (I have written down/added). It means 'I wrote down that I consent'.