Humanitext Reader

Justinian I · The Digest of Justinian §28.7.12.pr

Institution of an Heir Conditional on Their Wish

Passage 4332 of 9271 · Latin

Summary

Hermogenianus explains that the testamentary clause 'let him be heir if he wishes' creates a functional condition for a necessary heir, allowing them to avoid heirship, whereas it is redundant for a voluntary heir who cannot be made heir against their will anyway.

[HERMOGENIANUS libro tertio iuris epitomarum. ] §28.7.12.prUerba haec: 'Publius Maeuius, si uolet, heres esto', in necessario condicionem faciunt, ut, si nolit, heres non existat: nam in uoluntaria heredis persona frustra adduntur, cum, etsi non fuerint addita, inuitus non efficitur heres.
[HERMOGENIANUS, in the third book of the Epitomes of Law.] These words: 'Let Publius Maeuius, if he shall wish, be heir', in the case of a necessary heir, create a condition, so that, if he should be unwilling, he does not become heir; for in the case of the person of a voluntary heir they are added in vain, since, even if they had not been added, he is not made an heir against his will.

Notes

  1. §28.7.12.prin necessario — The masculine ablative singular of the adjective `necessarius` (necessary), with the noun `herede` (heir) understood, referring to a 'necessary heir' (*heres necessarius*). While a necessary heir is normally made an heir by operation of law regardless of their consent, the conditional clause 'if he wishes' provides an option not to become an heir, thereby acting as a functional condition.
  2. §28.7.12.prfrustra adduntur — Meaning 'they are added in vain.' Since a voluntary heir (*heres uoluntarius*) does not become an heir unless they voluntarily accept the inheritance (*aditio*), the addition of this conditional clause has no practical legal effect and is redundant.

Cite this passage

Justinian I, The Digest of Justinian §28.7.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.7.12.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.