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Justinian I · The Digest of Justinian §28.3.4.pr

Rupture of the Second Degree during Deliberation

Passage 4158 of 9271 · Latin

Summary

This section explains that when the second degree is ruptured, the heirs designated in the second degree cannot obtain the inheritance, even while the first-degree heirs are still deliberating.

[IDEM libro quarto disputationum. ] §28.3.4.prDenique et deliberantibus primo gradu scriptis heredibus qui secundo gradu scripti sunt heredes optinere hereditatem non possunt: gradu enim rupto et infirmato amplius hereditas inde optineri non potest.
[THE SAME from the fourth book of Disputations.] Furthermore, even while the heirs designated in the first degree are deliberating, those who are designated as heirs in the second degree cannot obtain the inheritance; for once that degree has been ruptured and invalidated, the inheritance can no longer be obtained from it.

Notes

  1. §28.3.4.prdeliberantibus primo gradu scriptis heredibus — An ablative absolute construction comprising the present participle 'deliberantibus' and the noun phrase 'primo gradu scriptis heredibus'. It expresses the temporal and situational background where the instituted heirs in the first degree are taking time to deliberate whether to accept or reject the inheritance.
  2. §28.3.4.prgradu enim rupto et infirmato — An ablative absolute construction comprising the perfect participles 'rupto' and 'infirmato' with the noun 'gradu'. Combined with 'enim', it provides the reason why the second-degree heirs cannot obtain the inheritance, namely that their degree has already been ruptured and invalidated due to the omission of the posthumous child.

Cite this passage

Justinian I, The Digest of Justinian §28.3.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.3.4.pr

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