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Justinian I · The Digest of Justinian §28.2.1.pr

Requirements for Disinheritance by Name

Passage 4122 of 9271 · Latin

Summary

Ulpian examines the requirement of being disinherited "by name," establishing that specifying any one of the components of an individual's Roman name is sufficient for their identification.

[ULPIANUS libro primo ad Sabinum. ] §28.2.1.prQuid sit nominatim exheredari, uideamus.
[ULPIAN, Book 1 on Sabinus.] Let us see what it is to be disinherited by name.
nomen et praenomen et cognomen eius dicendum est an sufficit uel unum ex his? et constat sufficere.
Must his name, first name, and family name all be stated, or is even one of these sufficient? And it is established that it is sufficient.

Notes

  1. §28.2.1.prQuid sit nominatim exheredari — An indirect question clause functioning as the object of the verb uideamus. exheredari is a present passive infinitive, acting as the subject of sit within this clause.
  2. §28.2.1.prnomen et praenomen et cognomen — Refers to the tria nomina of Roman nomenclature (the clan name, individual name, and family name). The issue is whether all three must be specified.
  3. §28.2.1.pran sufficit — A conjunction introducing the second part of a disjunctive (alternative) question. The first part is the main clause containing dicendum est.
  4. §28.2.1.prconstat sufficere — An accusative with infinitive (A.c.I.) construction where the impersonal verb constat (it is established) takes the infinitive sufficere. The subject accusative of the infinitive is omitted, understood from unum ex his in the preceding sentence.

Cite this passage

Justinian I, The Digest of Justinian §28.2.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.2.1.pr

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