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Justinian I · The Digest of Justinian §28.2.26.pr

Institution or Disinherison by Name of a Son in the Military

Passage 4147 of 9271 · Latin

Summary

This section explains that since the edict of the divine Augustus has been repealed, a filius familias in military service must, like a civilian, be either designated as heir or disinherited by name by his father.

[PAULUS libro tertio sententiarum. ] §28.2.26.prFilius familias si militet, ut paganus nominatim a patre aut heres scribi aut exheredari debet, iam sublato edicto diui Augusti, quo cautum fuerat, ne pater filium militem exheredet.
[PAULUS libro tertio sententiarum.] If a filius familias is in military service, since the edict of the divine Augustus, in which it had been provided that a father should not disinherit a soldier son, has already been repealed, he ought to be either designated as heir or disinherited by name by his father, just like a civilian.

Notes

  1. 28.2.26.prut paganus — Here "paganus" does not mean "pagan" in the later religious sense, but "civilian" as opposed to a soldier (miles).
  2. 28.2.26.prsublato edicto — Ablative absolute construction. Composed of the perfect passive participle "sublato" (from tollere, to repeal) and the noun "edicto," expressing the causal ground (since the edict has been repealed) for the main clause's obligation.
  3. 28.2.26.prne pater filium militem exheredet — A clause introduced by "ne" with the subjunctive present "exheredet." It functions as a substantive clause explaining the content of the impersonal passive "cautum fuerat" (it had been provided that... not...).

Cite this passage

Justinian I, The Digest of Justinian §28.2.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.2.26.pr

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