Justinian I · The Digest of Justinian §28.5.11.pr

Division of Shares among Heirs of Specific Properties

Passage 4190 of 9271 · Latin

Summary

A case concerning a will appointing Attius and two Titiuses as heirs to specific properties (an estate and an insula), where Proculus' opinion that they each take a half share of the entire inheritance is deemed correct.

[IAUOLENUS libro septimo epistularum. ] §28.5.11.pr'Attius fundi Corneliani heres esto mihi, duo Titii illius insulae heredes sunto'. habebunt duo Titii semissem, Attius semissem idque Proculo placet: quid tibi uidetur? respondit: uera est Proculi opinio.

[IAUOLENUS libro septimo epistularum.]\n\n'Attius shall be my heir for the Cornelian estate; the two Titiuses shall be heirs for that insula.' The two Titiuses will have one-half, and Attius one-half, and this is approved by Proculus. What is your opinion? He answered: Proculus' opinion is correct.

Notes

§28.5.11.prfundi Corneliani — A genitive qualifying heres, representing an appointment of an heir to a specific property (institutio ex re certa). In Roman law, since appointment to a specific object is incompatible with the universal nature of succession, such specific designations are legally adjusted, resulting here in the two groups (Attius and the two Titiuses) each taking one-half (semis) of the entire estate.
§28.5.11.prduo Titii — The 'two Titiuses' (duo Titii) are treated as a single collective heir-group. Consequently, the inheritance is not divided into three equal parts based on the number of individuals, but into two equal halves (semis), one for Attius and one for the two Titiuses together.

Cite this passage

Justinian I, The Digest of Justinian §28.5.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.5.11.pr

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