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Justinian I · The Digest of Justinian §28.6.6.pr

Caducous Laws and Pupillary Substitution

Passage 4278 of 9271 · Latin

Summary

It explains Julian's interpretation that if a person restricted from acquiring the whole under the caduciary laws is substituted for an impuberal son, they can acquire without restriction from the pupil's own property, but restrictions still apply to property derived from the testator.

[TERENTIUS CLEMENS libro quarto ad legem Iuliam et Papiam. ] §28.6.6.prSi is, qui ex bonis testatoris solidum capere non possit, substitutus sit ab eo impuberi filio eius, solidum ex ea causa capiet, quasi a pupillo capiat.
[TERENTIUS CLEMENS in the fourth book on the Lex Iulia et Papia.] a person who cannot take the whole from the estate of the testator has been substituted by him for his impuberal son, he will take the whole on that ground, as if he were taking it from the pupil.
sed hoc ita interpretari Iulianus noster uidetur, ut ex bonis, quae testatoris fuerant, amplius capere non possit: quod si pupillo aliquid praeterea adquisitum esset aut si exheredato esset substitutus, non impediri eum capere, quasi a pupillo capiat.
But our Julian seems to interpret this in such a way that he cannot take any more from the property which had belonged to the testator; but if anything else had been acquired by the pupil, or if he had been substituted for a disinherited son, he is not prevented from taking it, as if he were taking it from the pupil.

Notes

  1. 28.6.6.prpossit — The subjunctive present "possit" in the relative clause introduced by "qui" expresses a characteristic or restriction ("a person of such a kind who cannot...").
  2. 28.6.6.prIulianus noster uidetur — The verb "uidetur" in the main clause is used personally with the infinitive "interpretari", meaning "Julian seems to interpret".
  3. 28.6.6.prquod si — The transitional formula "quod si" at the beginning of the clause functions as "but if" or "and if".

Cite this passage

Justinian I, The Digest of Justinian §28.6.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.6.6.pr

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