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Justinian I · The Digest of Justinian §28.6.17.pr

Capacity of Posthumous Children as Substitute Heirs

Passage 4289 of 9271 · Latin

Summary

Pomponius explains that a person born after the death of the testator to whom he had been appointed substitute heir can also be substituted for the children.

[IDEM libro quarto ad Sabinum. ] §28.6.17.prSubstitui liberis is etiam potest, qui post mortem eius natus fuerit, cui substitutus heres fuerit.
[THE SAME, Book 4 on Sabinus.] He also can be substituted for children, who was born after the death of the person to whom he had been appointed substitute heir.

Notes

  1. §28.6.17.preius, cui — eius is the antecedent of the relative pronoun cui and depends on post mortem. The subject of substitutus heres fuerit is the subject of the main clause, is (represented by qui in the relative clause), forming a nested relative clause structure meaning 'the person to whom he [the nominee] had been appointed substitute heir'.
  2. §28.6.17.prliberis — This is the dative case (indirect object) governed by the passive infinitive substitui, indicating 'the children' for whom the substitution is made.

Cite this passage

Justinian I, The Digest of Justinian §28.6.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.6.17.pr

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