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Justinian I · The Digest of Justinian §28.6.9.pr

Division of Pupillary Estate with an Additional Substitute

Passage 4281 of 9271 · Latin

Summary

Labeo explains the distribution of an impuber son's estate when the father has substituted both his own heirs and an additional designated individual for the son.

[LABEO libro primo posteriorum a Iauoleno epitomatorum. ] §28.6.9.prSi pater filio impuberi eosdem quos sibi et te unum praeterea heredem instituit, bonorum filii te dimidium, ceteros patris heredes communiter dimidium ita habere, ut unus semis apud te maneat, alterius semissis pro his partibus inter heredes paternos diuisio fiat, quibus ex partibus hereditatem paternam haberent.
[LABEO, Book 1 of Epitomes of Posthumous Works by Javolenus.] If a father instituted for his impuber son the same heirs as for himself, and you alone in addition, you should have half of the son's estate, and the other heirs of the father should collectively have the other half, in such a way that one half remains with you, and the division of the other half is made among the father's heirs in proportion to those shares in which they held the father's inheritance.

Notes

  1. §28.6.9.prhabere — The Accusative with Infinitive (A.c.I.) construction in the main clause. This is a typical stylistic feature in the Digest to express a jurist's opinion (responsum), meaning "it is held that..." or "one should have...". The subject accusatives are `te` and `ceteros... heredes`.
  2. §28.6.9.prquibus ex partibus — A construction where the antecedent `partibus` is attracted and repeated inside the relative clause `quibus ex partibus`. Together with the preceding `pro his partibus`, it means "in proportion to those very shares in which they held the father's inheritance."

Cite this passage

Justinian I, The Digest of Justinian §28.6.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.6.9.pr

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