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Justinian I · The Digest of Justinian §28.5.10.pr

Institution of Heirs to Shares of Distinct Estates

Passage 4189 of 9271 · Latin

Summary

It supports the practical opinion of Sabinus that when joint heirs are appointed to shares of different estates, it should be treated as if they were appointed as equal heirs without any mention of the estates or shares, to avoid practical difficulties.

[PAULUS libro primo ad Sabinum. ] §28.5.10.prSi alterius atque alterius fundi pro partibus quis heredes instituerit, perinde habebitur, quasi non adiectis partibus heredes scripti essent: nec enim facile ex diuersitate pretium portiones inueniuntur: ergo expeditius est quod Sabinus scribit, perinde habendum, ac si nec fundum nec partes nominasset.
[PAULUS libro primo ad Sabinum.] If anyone has appointed heirs for shares of different estates, it will be held just as if they had been written heirs without the shares added; for shares are not easily found from the difference of the prices; therefore, what Sabinus writes is more practical, that it should be held just as if he had named neither the estate nor the shares.

Notes

  1. §28.5.10.prpretium — `pretium` is interpreted as a contracted form (or a scribal error) of the genitive plural `pretiorum`, modifying the ablative `diuersitate` governed by the preposition `ex`. Thus, it is translated as 'from the difference of the prices' (or values of the properties).
  2. §28.5.10.prperinde habendum, ac si — The gerundive `habendum` has the copula `esse` omitted, expressing an impersonal necessity ('it should be held'). This is followed by `ac si` ('just as if'), introducing a legal fiction based on a counterfactual assumption (treating them as heirs without specified shares).

Cite this passage

Justinian I, The Digest of Justinian §28.5.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.5.10.pr

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