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Justinian I · The Digest of Justinian §28.2.12.pr-28.2.12.1

Invalidation of Wills by Caesarean and Deformed Births

Passage 4133 of 9271 · Latin

Summary

Ulpian discusses that a child breaks a will if born under power, even if delivered by Caesarean section or as an incomplete living being, provided they are born alive.

[ULPIANUS libro nono ad Sabinum. ] §28.2.12.prQuod dicitur filium natum rumpere testamentum, natum accipe et si exsecto uentre editus sit: nam et hic rumpit testamentum, scilicet si nascatur in potestate.
[ULPIANUS, Book 9 on Sabinus.] As for the statement that a son being born breaks a will, understand "born" even if he is brought forth by cutting open the belly; for this child also breaks the will, provided, of course, that he is born under power.
§28.2.12.1Quid tamen, si non integrum animal editum sit, cum spiritu tamen, an adhuc testamentum rumpat? et tamen rumpit.
But what if he is brought forth as an incomplete living being, yet with breath? Does he still break the will? Even so, he breaks it.

Notes

  1. §28.2.12.prQuod dicitur — The introductory quod-clause serves to present a specific statement or topic ("that the birth of a son breaks a will") as the subject of the subsequent interpretation ("Regarding the statement that...").
  2. §28.2.12.prexsecto uentre — An ablative absolute (or ablative of means) consisting of the verb exsecare (to cut open) and the noun uenter (belly, womb), referring here to delivery by Caesarean section.
  3. §28.2.12.1et tamen — Used as an affirmative answer to the preceding question ("Does he still break..."), functioning as a strong adversative/concessive conjunction meaning "and yet [he does break it]" or "even so, he breaks it."

Cite this passage

Justinian I, The Digest of Justinian §28.2.12.pr-28.2.12.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.2.12.pr-28.2.12.1

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