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Justinian I · The Digest of Justinian §11.1.6.pr-11.1.6.1

Reasons for Deliberation and Exemption During Disputes

Passage 1752 of 9271 · Latin

Summary

Ulpian explains the rationale for granting time to deliberate to the interrogated person, and introduces Hadrian's constitution that exempts someone facing an inheritance dispute with a third party from being forced to answer.

[ULPIANUS libro uicensimo secundo ad edictum. ] §11.1.6.pret quia hoc defunctorum interest, ut habeant successores, interest et uiuentium, ne praecipitentur, quamdiu iuste deliberant.
[ULPIANUS, from the twenty-second book on the Edict.] And because, just as it is of importance to the deceased to have successors, so it is also of importance to the living not to be rushed as long as they are justly deliberating.
§11.1.6.1Interdum interrogatus quis, an heres sit, non cogitur respondere, ut puta si controuersiam hereditatis ab alio patiatur: et ita diuus Hadrianus constituit, ne aut negando se heredem praeiudicet sibi aut dicendo heredem illigetur etiam ablata sibi hereditate.
Sometimes, a person who is interrogated as to whether he is an heir is not compelled to answer, for example, if he is facing a dispute over the inheritance from another party; and the divine Hadrian decreed this, lest either by denying that he is an heir he should prejudice himself, or by saying that he is an heir he should be bound even if the inheritance is taken away from him.

Notes

  1. 11.1.6.prdefunctorum interest... interest et uiuentium — The impersonal verb `interest` governs the genitive case (`defunctorum`, `uiuentium`) to indicate the parties to whom something is of importance. The pronoun `hoc` at the beginning cataphorically refers to the following `ut` clause (`ut habeant successores`).
  2. 11.1.6.1dicendo heredem — The gerund in the ablative `dicendo` ("by saying") is used here with the predicate accusative `heredem` where `se esse` is understood, forming an accusative with infinitive construction. This stands in parallel with the preceding phrase `negando se heredem`.
  3. 11.1.6.1ablata sibi hereditate — An ablative absolute construction formed by `ablata` (perfect participle of `auferre`) and `hereditate`. Accompanied by the adverbial `etiam`, it expresses concession ("even if the inheritance is taken away"). The reflexive pronoun `sibi` refers to the logical subject of the main clause (the person interrogated).

Cite this passage

Justinian I, The Digest of Justinian §11.1.6.pr-11.1.6.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.1.6.pr-11.1.6.1

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