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Justinian I · The Digest of Justinian §28.3.18.pr

Adoption of an Instituted Heir and Validity of the Will

Passage 4173 of 9271 · Latin

Summary

This text explains that if a person instituted as heir by a testator is subsequently arrogated, the institution remains valid because it was already effective as that of a stranger before the adoption.

[SCAEUOLA libro quinto quaestionum. ] §28.3.18.prSi qui heres institutus est a testatore adrogetur, potest dici satis ei factum, quia et antequam adoptetur, institutio ut in extraneo locum habebat.
[SCAEUOLA, Questions, Book 5.] If someone who has been instituted as heir by a testator is arrogated, it can be said that satisfaction has been made to him, because even before he is adopted, the institution was effective as in the case of a stranger.

Notes

  1. 28.3.18.prsatis ei factum — The perfect passive infinitive with the auxiliary verb "esse" omitted after the perfect participle "factum". Literally meaning "satisfaction has been made to him", it is an impersonal expression indicating that the requirements for his institution as heir have been legally satisfied (i.e., the institution remains valid).
  2. 28.3.18.prut in extraneo — A structure combining the prepositional phrase "in extraneo" with the conjunction "ut" (as). It refers to the institution of a "stranger" (someone not under the paternal power of the testator) under Roman law, emphasizing that this institution was already validly established prior to the adoption.

Cite this passage

Justinian I, The Digest of Justinian §28.3.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.3.18.pr

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