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Justinian I · The Digest of Justinian §11.7.33.pr

Rights to Tombs of Heirs Deprived for Unworthiness

Passage 1837 of 9271 · Latin

Summary

Ulpian argues that even if an heir is deprived of an inheritance as being unworthy, the rights regarding tombs should still remain with him.

[ULPIANUS libro sexagensimo octauo ad edictum. ] §11.7.33.prSi quis fuit heres, deinde hereditas ablata sit ei quasi indigno, magis est, ut penes eum iura sepulchrorum remaneant.
[ULPIAN, On the Edict, book 68] If someone was an heir, and then the inheritance was taken away from him as if from one who is unworthy, it is more correct that the rights of tombs should remain with him.

Notes

  1. 11.7.33.prmagis est, ut — An impersonal expression followed by an "ut" clause with the subjunctive ("remaneant"), meaning "it is more correct that..." or "it is the preferable view that...".
  2. 11.7.33.prquasi indigno — The dative singular of the substantivised adjective "indignus" (unworthy), in apposition with the pronoun "ei" (dative of separation with "ablata sit"). Together with "quasi" (as if, as being), it explains the legal ground for the deprivation.

Cite this passage

Justinian I, The Digest of Justinian §11.7.33.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.7.33.pr

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