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Justinian I · The Digest of Justinian §28.6.21.pr

Age-Restricted Substitution and Possession of the Estate

Passage 4293 of 9271 · Latin

Summary

Explains that if a testator names a substitute heir for when his son dies within his tenth year, but the son dies after his tenth and before his fourteenth year, the substitute cannot claim the possession of the estate, as he was not substituted for this specific contingency.

[ULPIANUS libro quadragesimo primo ad edictum. ] §28.6.21.prSi ita quis substituerit: 'si filius meus intra decimum annum decesserit, Seius heres esto', deinde hic ante quartum decimum post decimum decesserit, magis est, ut non possit bonorum possessionem substitutus petere: non enim uidetur in hunc casum substitutus.
[ULPIAN, Book 41 on the Edict.] If anyone has substituted in this manner: "If my son dies within his tenth year, let Seius be his heir," and then this son dies after his tenth year and before his fourteenth year, it is more correct to say that the substitute cannot petition for the possession of the estate; for he does not appear to have been substituted for this case.

Notes

  1. §28.6.21.prmagis est, ut — An impersonal idiomatic expression meaning "it is more correct to say that" or "the prevailing opinion is that," which commonly appears in Roman juristic discussions, taking a substantive clause introduced by ut with the subjunctive.
  2. §28.6.21.pruidetur ... substitutus — uidetur is used personally, meaning "he seems/is deemed to be." Here, substitutus stands for the perfect passive infinitive substitutus esse with the omission of esse, forming a personal construction of nominative with infinitive (nominativus cum infinitivo). The subject is the substitute heir (Seius) implied from the context.

Cite this passage

Justinian I, The Digest of Justinian §28.6.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.6.21.pr

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