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Justinian I · The Digest of Justinian §28.5.66.pr

Lack of Heir's Institution and Inefficacy of Legacies

Passage 4245 of 9271 · Latin

Summary

This section explains that since Statius Primus was not instituted as heir, any provisions in the testament regarding legacies charged upon him or a recommended freedman do not grant him the inheritance, and the unmanumitted person remains a slave.

[IDEM libro duodecimo epistularum. ] §28.5.66.prHereditas ad Statium Primum nullo iure pertinet, cum institutus heres non sit: nec quicquam ei prodest, quod ab eo aliquid legatum est aut libertus ei defuncti testamento commendatus est.
[THE SAME, from the twelfth book of Letters.] The inheritance belongs to Statius Primus by no right, since he was not instituted as heir; nor is it of any advantage to him that something was bequeathed from him, or that a freedman of the deceased was commended to him by the testament.
ex quo si manumissus non est, seruus est.
Consequently, if he was not manumitted, he is a slave.

Notes

  1. 28.5.66.prab eo — Meaning "from him" or "charged upon him." It refers to the person on whom the legacy (legatum) is imposed (typically the heir). Since Statius is not actually the heir, the presence of such language in the testament does not serve as a basis for recognizing him as the heir.
  2. 28.5.66.prex quo — A transitional phrase using the neuter singular ablative of the relative pronoun qui (consequently), meaning "hence" or "therefore." It expresses the logical conclusion drawn from the entire preceding statement.

Cite this passage

Justinian I, The Digest of Justinian §28.5.66.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.5.66.pr

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