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Justinian I · The Digest of Justinian §28.6.3.pr

Admission of Direct Heirs in Pupillary Substitution

Passage 4275 of 9271 · Latin

Summary

Modestinus explains that when a testator substitutes 'whoever is my heir' for his pupill, only those directly written as heirs can be admitted to the substitution, meaning a master cannot become the pupill's substitute heir if the slave through whom he acquired the inheritance has departed from his power.

[MODESTINUS libro primo differentiarum. ] §28.6.3.prCum filio impuberi pater ita substituerit: 'quisquis mihi heres erit, idem filio impuberi heres esto', placuit ad hanc substitutionem scriptos tantummodo ad hereditatem admitti: itaque dominus, cui per seruum hereditatis portio quaesita sit, ex substitutione impuberi heres effici non poterit, si seruus ab eius exierit potestate.
[MODESTINUS in the first book of Differences.] When a father has substituted for his child under puberty as follows: 'Whoever will be my heir, let the same be heir to my child under puberty', it has been held that only those written (as heirs) are admitted to this substitution; and therefore a master, for whom a share of the inheritance has been acquired through his slave, cannot be made heir to the child under puberty from the substitution, if the slave has departed from his power.

Notes

  1. §28.6.3.prscriptos — The term 'scriptos' refers to 'scriptos heredes' (the instituted heirs directly written in the will), serving as the subject accusative of the infinitive clause 'scriptos tantummodo... admitti'. It contrasts those directly instituted with a master (dominus) who only acquires the inheritance indirectly through his slave.
  2. §28.6.3.prcui — The dative of the relative pronoun 'qui', functioning as a dative of advantage (dativus commodi) referring back to the antecedent 'dominus'. It indicates that the acquisition of the inheritance by the slave was made 'for' or 'to the benefit of' the master.

Cite this passage

Justinian I, The Digest of Justinian §28.6.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.6.3.pr

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