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Justinian I · The Digest of Justinian §22.1.27.pr

Transmission of Default from Ancestor to Heirs

Passage 3187 of 9271 · Latin

Summary

Explains that once a father of a family has committed a default, no further default need be established on the part of his heir, as the default (or its liability) is successively transmitted to subsequent heirs by hereditary right.

[AFRICANUS libro octauo quaestionum. ] §22.1.27.prCum patri familias mora facta sit, iam in herede eius non quaeritur mora: nam tunc heredi proximo hereditario iure ea competet ideoque ad ceteros quoque deinceps transmittitur.
[AFRICANUS, from his eighth book of Questions.] When default has been made by a father of a family, default is no longer required in the case of his heir; for then it belongs to the next heir by hereditary right, and therefore is successively transmitted to the others as well.

Notes

  1. §22.1.27.prea — Feminine singular nominative demonstrative pronoun, referring back to the preceding noun `mora` (default, or the liability arising from it).
  2. §22.1.27.prpatri familias — Dative case, indicating the person in relation to whom the default occurred in the impersonal construction `mora facta sit`.

Cite this passage

Justinian I, The Digest of Justinian §22.1.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.1.27.pr

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