Humanitext Reader

Justinian I · The Digest of Justinian §28.5.73.pr

Insolvent Estates and Inapplicability of Capacity Limits

Passage 4252 of 9271 · Latin

Summary

This text presents Julian's opinion that if a person restricted by law from taking a full inheritance is instituted heir to the entire estate of an insolvent testator, the statutory restriction does not apply because there is no actual benefit in the estate.

[TERENTIUS CLEMENS libro quarto ad legem Iuliam et Papiam. ] §28.5.73.prSi quis solidum a lege capere non possit et ex asse sit institutus ab eo qui soluendo non est, Iulianus ex asse eum heredem esse respondit: legi enim locum non esse in ea hereditate quae soluendo non est.
[TERENTIUS CLEMENS, On the Lex Julia et Papia, book 4.] If anyone cannot take the whole under the law, and has been instituted as heir to the entire estate by one who is insolvent, Julian answered that he is the heir to the entire estate; for the law has no application to an estate which is insolvent.

Notes

  1. §28.5.73.prsolidum a lege capere — solidum is the neuter accusative singular of the adjective solidus used substantively, meaning "the whole amount" of the inheritance. a lege means "by the law" (specifically the Lex Julia et Papia), referring to the restrictions on acquisition imposed by that statute.
  2. §28.5.73.prex asse — as is the standard unit of division representing the whole (12/12). In inheritance, the phrase ex asse denotes being instituted as heir to the entire estate (i.e., as a sole heir).
  3. §28.5.73.prqui soluendo non est — soluendo is the dative of the gerund of the verb soluere. The construction esse soluendo is an idiomatic expression meaning "to be solvent" (literally "to be for paying"). With the negative non, it means "to be insolvent" or "to have more debts than assets."
  4. §28.5.73.prlegi enim locum non esse — This is an accusative and infinitive construction dependent on the main verb respondit. The causal clause introduced by enim is placed in indirect speech, and thus the accusative locum and the infinitive esse are used instead of a nominative with an indicative verb.

Cite this passage

Justinian I, The Digest of Justinian §28.5.73.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.5.73.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.