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Justinian I · The Digest of Justinian §28.2.32.pr

Disinherison, Omission of Sons, and Intestate Rights

Passage 4154 of 9271 · Latin

Summary

This section states that if an emancipated son is disinherited and a son in power is passed over, the emancipated son's claim against the will is ineffective, but both will succeed in the event of intestacy.

[MARCIANUS libro secundo regularum. ] §28.2.32.prSi filio emancipato exheredato is qui in potestate est praeteritus sit, ipse quidem emancipatus si contra tabulas petat, nihil agit, ab intestato autem et suus et emancipatus uenient.
[MARCIANUS from the second book of the Rules.] If, after an emancipated son has been disinherited, the one who is in power is passed over, the emancipated son himself, if he should petition against the will, achieves nothing, but on an intestacy both the self-successor and the emancipated son will succeed.

Notes

  1. §28.2.32.prfilio emancipato exheredato — This is an ablative absolute construction where "filio emancipato" (the emancipated son) functions as the subject and "exheredato" (disinherited) as the participle.
  2. §28.2.32.prcontra tabulas — Meaning "against the tablets (of the will)," this refers to the praetorian remedy of claiming possession of the estate contrary to the will (*bonorum possessio contra tabulas*).
  3. §28.2.32.prsuus — An abbreviation for "suus heres" (self-successor or house-heir), referring to a family member who was under the paternal power (*potestas*) of the deceased and becomes *sui iuris* upon their death.

Cite this passage

Justinian I, The Digest of Justinian §28.2.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.2.32.pr

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