Humanitext Reader

Justinian I · The Digest of Justinian §28.3.1.pr

Four Ways a Will Fails or Becomes Ineffective

Passage 4155 of 9271 · Latin

Summary

It classifies and defines the four ways in which a testament fails or becomes void: being made illegally, being of no effect due to omission, being ruptured by a later testament or adgnation, or being rendered ineffectual by non-entry.

[PAPINIANUS libro primo definitionum. ] §28.3.1.prTestamentum aut non iure factum dicitur, ubi sollemnia iuris defuerunt: aut nullius esse momenti, cum filius qui fuit in patris potestate praeteritus est: aut rumpitur alio testamento, ex quo heres existere poterit, uel adgnatione sui heredis: aut in irritum constituitur non adita hereditate.
[PAPINIANUS from the first book of Definitions.] A testament is said either to be made not in accordance with law, when the solemnities of law are lacking; or to be of no effect, when a son who was in his father's power has been passed over; or it is ruptured by another testament, from which an heir can arise, or by the adgnation of a self-successor; or it is rendered ineffectual if the inheritance is not entered upon.

Notes

  1. §28.3.1.prnullius esse momenti — The first two phrases connected by aut depend on dicitur: non iure factum [esse] dicitur (is said to be made illegally) and nullius esse momenti [dicitur] (is said to be of no effect), sharing the same main verb. On the other hand, the later clauses rumpitur and in irritum constituitur are independent predicates directly agreeing with the subject testamentum.
  2. §28.3.1.prnon adita hereditate — An ablative absolute construction consisting of the noun hereditate (in the ablative singular) and the negated past participle non adita (from adeo, to enter upon). It expresses the condition or the cause resulting from the designated heir not entering upon or accepting the inheritance.

Cite this passage

Justinian I, The Digest of Justinian §28.3.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.3.1.pr

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