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Justinian I · The Digest of Justinian §28.5.88.pr

Calculation of Inheritance Shares Exceeding an As

Passage 4267 of 9271 · Latin

Summary

Discusses the calculation of inheritance shares (ratio calculi) when Primus is appointed to six ounces, Secundus to eight, and Tertius is appointed without a share (or to the residue), explaining the mathematical distribution that results in Tertius receiving five ounces.

[HERMOGENIANUS libro tertio iuris epitomarum. ] §28.5.88.prEx unciis sex Primo herede instituto, Secundo ex octo, si Tertius ex residua parte uel nulla portionis facta mentione heres instituatur, quinque uncias hereditatis Tertius habebit: in uiginti quattuor etenim partes hereditate distributa Tertio ratio calculi ueluti ex decem partibus instituto quinque uncias adsignabit.
[HERMOGENIANUS, in the third book of the Epitome of Law.] When Primus has been appointed heir to six ounces, Secundus to eight, if Tertius is appointed heir to the remaining part or without any mention of his share being made, Tertius will have five ounces of the inheritance; for when the inheritance is distributed into twenty-four parts, the method of calculation will assign five ounces to Tertius, as if he had been appointed to ten parts.

Notes

  1. 28.5.88.prratio calculi — Explanation of the method of calculating shares of inheritance (ratio calculi) in Roman law. The entire estate is treated as an "as" consisting of 12 ounces (uncia). Since the sum of the shares of Primus (6 ounces) and Secundus (8 ounces), which is 14 ounces, already exceeds 12, the total is expanded to a double as, i.e., 24 ounces (dupondius). Tertius, who was appointed without a specific share (or to the residue), is provisionally assigned "10 ounces," which is 24 minus the established 14 ("as if he had been appointed to ten parts"). Finally, to reduce the total sum of provisional shares (6 + 8 + 10 = 24) to the actual estate of 12 ounces, all shares are halved (reduced by 1/2), resulting in Tertius's actual share being 5 ounces (quinque uncias), half of 10.
  2. 28.5.88.prnulla portionis facta mentione — Ablative absolute. The genitive "portionis" modifies "mentione", meaning "without any mention of his share being made." This refers to a case where a co-heir is appointed without being assigned a specific fraction (number of ounces) of the estate.

Cite this passage

Justinian I, The Digest of Justinian §28.5.88.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.5.88.pr

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