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Justinian I · The Digest of Justinian §28.2.5.pr

Institution of a Posthumous Child Born of Subsequent Marriage

Passage 4126 of 9271 · Latin

Summary

This text provides that if a testator remarries after making his will, a posthumous child born from the subsequent marriage is deemed to be the appointed heir.

[IAUOLENUS libro primo ex Cassio. ] §28.2.5.prideoque qui postumum heredem instituit si post testamentum factum mutauit matrimonium, is institutus uidetur, qui ex posteriore matrimonio natus est.
[JAVOLENUS, Book 1 from Cassius.] Therefore, if a person who has appointed a posthumous child as heir changes his marriage after making the will, that person is deemed to have been appointed who is born from the subsequent marriage.

Notes

  1. §28.2.5.prqui ... instituit — Grammatically, the clause qui postumum heredem instituit functions as the subject of the verb mutauit in the si clause, but since the subject of the main clause is is ... qui ex posteriore matrimonio natus est, the sentence forms a kind of nominativus pendens (pendant nominative), serving to introduce the topic ('as for the person who appointed...').
  2. §28.2.5.prpost testamentum factum — The preposition post is followed by the noun testamentum and the perfect passive participle factum, forming a dominant participle construction (the so-called 'ab urbe condita' construction) meaning 'after the making of the will'.

Cite this passage

Justinian I, The Digest of Justinian §28.2.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.2.5.pr

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