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Justinian I · The Digest of Justinian §28.2.18.pr

Disinherison for the Child's Benefit via Trust

Passage 4139 of 9271 · Latin

Summary

Ulpian explains that disinheriting sons is not always out of disgrace or ill intent, but can be done to protect their interests, such as securing a trust-bequeathed inheritance for minors.

[ULPIANUS libro quinquagesimo septimo ad edictum. ] §28.2.18.prMulti non notae causa exheredant filios nec ut eis obsint, sed ut eis consulant, ut puta impuberibus, eisque fideicommissam hereditatem dant.
[ULPIANUS, Book 57 of Commentary on the Edict.] Many disinherit their sons not by way of disgrace, nor to harm them, but to consult their interests, as for instance in the case of those under puberty, and give them a trust-bequeathed inheritance.

Notes

  1. §28.2.18.prnotae causa — The genitive singular notae (from nota, meaning disgrace or mark of infamy) depends on the postposition causa (in the ablative), meaning 'by way of disgrace' or 'as a punishment'.
  2. §28.2.18.prconsulant — The verb consulo, when governing the dative case (here eis), means 'to consult the interests of' or 'to care for', as opposed to governing the accusative case, which would mean 'to consult someone for advice'.
  3. §28.2.18.prfideicommissam hereditatem — The perfect passive participle fideicommissam modifies hereditatem, meaning 'an inheritance left through a trust (fideicommissum)'. It refers to a legal arrangement where a disinherited son receives assets indirectly through a third-party heir.

Cite this passage

Justinian I, The Digest of Justinian §28.2.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.2.18.pr

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