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Justinian I · The Digest of Justinian §28.5.8.pr-28.5.8.1

Simultaneous Death of Co-owners and Institution of a Slave

Passage 4187 of 9271 · Latin

Summary

This section discusses how a common slave instituted as free and heir by two partners who die simultaneously becomes the Orcinian heir to both, and explains that the same rule applies if the institution was under a condition that was later fulfilled.

[IDEM libro secundo ad Urseium Ferocem. ] §28.5.8.prDuo socii quendam seruum communem testamento facto heredem et liberum esse iusserant: ruina simul oppressi perierant.
[IDEM libro secundo ad Urseium Ferocem.] Two partners, having made a will, had ordered a certain common slave to be heir and free; they had perished, being crushed together in a collapse.
plerique responderunt hoc casu duobus orcinum heredem existere, et id est uerius.
Most jurists replied that in this case he exists as an Orcinian heir to both, and this is the more correct view.
§28.5.8.1Sed et si sub eadem condicione seruum communem uterque socius liberum heredemque esse iussisset eaque exstitisset, idem iuris erit.
But also if each partner had ordered the common slave to be free and heir under the same condition, and that condition has been fulfilled, the same rule of law will apply.

Notes

  1. §28.5.8.prorcinum heredem — An "orcinus heres" (Orcinian heir) refers to a slave who obtains freedom and becomes an heir directly upon the death of the testator. In this case, because both co-owners died simultaneously, he is considered to have become the direct testamentary heir to both.
  2. §28.5.8.1idem iuris — The genitive `iuris` (from `ius`) functions as a partitive genitive modifying the neuter nominative singular pronoun `idem`. It literally means "the same of law," referring to the identical legal consequence or rule.

Cite this passage

Justinian I, The Digest of Justinian §28.5.8.pr-28.5.8.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.5.8.pr-28.5.8.1

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