Humanitext Reader

Justinian I · The Digest of Justinian §28.2.4.pr

Institution of a Posthumous Child as Heir by Any Male

Passage 4125 of 9271 · Latin

Summary

Explains that every male, whether married or not, can appoint a posthumous child as heir, and that such an appointment by a married man is not limited to children by his current wife.

[IDEM libro tertio ad Sabinum. ] §28.2.4.prPlacet omnem masculum posse postumum heredem scribere, siue iam maritus sit siue nondum uxorem duxerit: nam et maritus repudiare uxorem potest et qui non duxit uxorem, postea maritus effici.
[THE SAME, Book 3 on Sabinus.] It is accepted that every male can appoint a posthumous child as heir, whether he is already married or has not yet taken a wife; for both a husband can divorce his wife, and one who has not taken a wife can afterwards become a husband.
nam et cum maritus postumum heredem scribit, non utique is solus postumus scriptus uidetur, qui ex ea quam habet uxorem ei natus est, uel is qui tunc in utero est, uerum is quoque, qui ex quacumque uxore nascatur,
For indeed, when a husband appoints a posthumous child as heir, not only is that posthumous child deemed to have been appointed who is born to him from the wife he now has, or who is then in the womb, but also he who may be born from any wife whatsoever,

Notes

  1. §28.2.4.prPlacet — Used impersonally, taking the accusative with infinitive clause `posse ... scribere` as its subject, meaning "it is accepted / agreed."
  2. §28.2.4.prposse — The main verb of the accusative with infinitive clause, with the accusative `omnem masculum` as its subject.
  3. §28.2.4.preffici — Present passive infinitive depending on the preceding `potest`. Contextually, `potest` serves as the auxiliary verb for both parts: `repudiare ... potest` and `postea maritus effici [potest]`.
  4. §28.2.4.prnascatur — The present subjunctive is used in the concessive clause introduced by the relative pronoun `quacumque`, indicating an indefinite future possibility ("from whatever wife he may be born").

Cite this passage

Justinian I, The Digest of Justinian §28.2.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.2.4.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.