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Justinian I · The Digest of Justinian §28.2.24.pr

Invalidation by Posthumous Daughter Born in Father's Lifetime

Passage 4145 of 9271 · Latin

Summary

Discusses the invalidation of a testament when a posthumous daughter, instituted as heir under a condition, is born during the lifetime of her father.

[PAULUS libro nono quaestionum. ] §28.2.24.prPostuma sub condicione heres instituta si pendente condicione uiuo patre nascatur, rumpit testamentum.
[PAULUS libro nono quaestionum.] If a posthumous daughter, instituted heir under a condition, is born while the condition is pending and during the lifetime of her father, she breaks the testament.

Notes

  1. §28.2.24.prpendente condicione uiuo patre — Two separate ablative absolutes, pendente condicione and uiuo patre, are placed in parallel to describe two concurrent circumstances: that the condition is still pending, and that the father is still alive.

Cite this passage

Justinian I, The Digest of Justinian §28.2.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.2.24.pr

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