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Justinian I · The Digest of Justinian §28.6.27.pr

Scope of Shares for a Substitute to a Substituted Co-Heir

Passage 4299 of 9271 · Latin

Summary

Julianus' view that if Titius is substituted to his co-heir, and Sempronius is then substituted to Titius, Sempronius is considered to be substituted to both portions of the inheritance.

[IDEM libro trigesimo digestorum. ] §28.6.27.prSi Titius coheredi suo substitutus fuerit, deinde ei Sempronius, uerius puto in utramque partem Sempronium substitutum esse.
[THE SAME, Book 30 of Digests.] If Titius has been substituted to his co-heir, and then Sempronius to him, I think it is more correct that Sempronius has been substituted to both shares.

Notes

  1. §28.6.27.prdeinde ei Sempronius — An elliptical construction corresponding to the preceding conditional clause, to be understood as `deinde ei [i.e. Titio] Sempronius [substitutus fuerit]`. The dative `ei` refers to Titius, the person to whom Sempronius is substituted.
  2. §28.6.27.prin utramque partem — Meaning 'to both shares' or 'to both portions'. It refers to both Titius's own original share and the share that Titius would have acquired as substitute to his co-heir.

Cite this passage

Justinian I, The Digest of Justinian §28.6.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.6.27.pr

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