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Justinian I · The Digest of Justinian §28.5.75.pr

Institution of an Heir Excluding Specific Property

Passage 4254 of 9271 · Latin

Summary

Presents the opinion of Gallus Aquilius that if an heir is instituted with the exclusion of specific property, this exclusion is void in civil law, and the heir is treated as designated without it.

[LICINNIUS RUFINUS libro secundo regularum. ] §28.5.75.prSi ita quis heres institutus fuerit: 'excepto fundo, excepto usu fructu heres esto', perinde erit iure ciuili atque si sine ea re heres institutus esset, idque auctoritate Galli Aquilii factum est.
[LICINNIUS RUFINUS, Rules, book 2.] If anyone has been instituted heir in this manner: 'Let him be heir, except for the estate, except for the usufruct,' it will be just the same in civil law as if he had been instituted heir without that exclusion; and this was established by the authority of Gallus Aquilius.

Notes

  1. §28.5.75.prperinde ... atque si — A comparative correlative expression meaning 'just the same as if.' Here, it indicates that the exclusion of specific property is treated as void, meaning the heir is treated as if designated without such restriction.
  2. §28.5.75.prsine ea re — Literally 'without that thing,' which means 'without the exceptional provision concerning the specific land or usufruct.' Under civil law, the heir is considered to have been instituted as if the exceptional clause did not exist.
  3. §28.5.75.prGalli Aquilii — Genitive referring to Gallus Aquilius (C. Aquilius Gallus, 1st century BC), a famous jurist of the late Republic. It indicates that he introduced this rule through his opinion (responsum), which became established as an authoritative precedent in civil law.

Cite this passage

Justinian I, The Digest of Justinian §28.5.75.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.5.75.pr

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