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Justinian I · The Digest of Justinian §28.5.89.pr

Freed Slaves as Heirs and Conditionally Added Heirs

Passage 4268 of 9271 · Latin

Summary

It explains that in the case of an insolvent inheritance where a slave becomes heir with freedom, if another heir is conditionally added, this added person cannot cause the slave to cease to be an heir once the slave has entered upon the inheritance.

[GAIUS libro singulari de casibus. ] §28.5.89.prEi qui soluendo non est aliquo casu euenit, ut et seruus cum libertate heres exsistat et praeterea alius heres adiciatur: ueluti si seruo cum libertate herede instituto ita adiectum sit: 'si mihi Stichus heres erit, tunc Titius quoque heres esto': nam Titius, antequam Stichus ex testamento heres exstiterit, heres esse non potest, cum autem semel heres exstiterit seruus, non potest adiectus efficere, ut qui semel heres exstitit desinat heres esse.
[GAIUS, in the single book on Cases.] For one who is insolvent, it happens in some case that both a slave becomes heir with freedom, and besides, another heir is added: as for instance, if to a slave appointed heir with freedom there has been added: 'If Stichus is my heir, then let Titius also be heir'; for Titius, before Stichus has become heir under the will, cannot be heir, but when once the slave has become heir, the added person cannot bring it about that he who has once become heir should cease to be heir.

Notes

  1. 28.5.89.prsoluendo — Dative of the gerund of soluere, used with esse in an idiomatic expression meaning "to be solvent" (lit. "to be for paying"). Here with non, it refers to an insolvent testator.
  2. 28.5.89.preuenit, ut — The impersonal verb euenit takes the ut clause (with subjunctives exsistat and adiciatur as a noun clause functioning as the subject) to mean "it happens that...".
  3. 28.5.89.pradiectus — The masculine nominative singular of the perfect passive participle of adicere, used substantively to refer to "the added heir" (here, Titius). It functions as the subject of the main verb non potest.
  4. 28.5.89.prdesinat heres esse — Reflects the Roman law maxim "once an heir, always an heir" (semel heres semper heres). It explains that once the slave has become heir, the subsequent fulfillment of the condition for the added co-heir cannot cause the former to lose his status as heir.

Cite this passage

Justinian I, The Digest of Justinian §28.5.89.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.5.89.pr

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