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Justinian I · The Digest of Justinian §28.5.61.pr

Institution of Multiple Slaves in Order by an Insolvent

Passage 4240 of 9271 · Latin

Summary

If an insolvent person designates multiple slaves as heirs in succession, only the slave designated in the first place becomes the heir under the provisions of the Lex Aelia Sentia.

[CELSUS libro uicesimo nono digestorum. ] §28.5.61.prQui soluendo non erat, seruum primo loco et alterum seruum secundo loco heredes scripsit.
[CELSUS, from the twenty-ninth book of the Digests.] A person who was insolvent designated a slave in the first place and another slave in the second place as heirs.
solus is qui primo loco scriptus est hereditatem capit: nam lege Aelia Sentia ita cauetur, ut, si duo pluresue ex eadem causa heredes scripti sint, uti quisque primus scriptus sit, heres sit.
Only the one who was designated in the first place takes the inheritance; for it is so provided by the Lex Aelia Sentia that, if two or more have been designated heirs for the same reason, whichever is first designated shall be the heir.

Notes

  1. 28.5.61.prsoluendo non erat — soluendo is the dative of the gerund (or gerundive). The phrase soluendo esse is an idiomatic expression meaning 'to be solvent' (literally, 'to be for paying'). Combined with non erat, it means 'he was insolvent' or 'he was unable to pay'.
  2. 28.5.61.pruti — Within the ut-clause introducing the provision of the Lex Aelia Sentia (ita cauetur, ut...), uti is an archaic (or emphatic) form of the conjunction ut, which, together with the following quisque, indicates the manner of the statutory rule ('that each ... as').

Cite this passage

Justinian I, The Digest of Justinian §28.5.61.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.5.61.pr

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