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Justinian I · The Digest of Justinian §28.7.24.pr

Equal Inheritance Shares after Death of the Intended Bride

Passage 4344 of 9271 · Latin

Summary

A legal opinion states that if the cousin to be married dies during the lifetime of the testator, the condition distinguishing the inheritance shares of the brothers (based on the marriage) becomes void, and both inherit equal half-shares.

[PAPINIANUS libro sexto responsorum. ] §28.7.24.pr'Qui ex fratribus meis Titiam consobrinam uxorem duxerit, ex besse heres esto: qui non duxerit, ex triente heres esto'.
[PAPINIANUS, in the sixth book of Opinions.] 'Whichever of my brothers marries my cousin Titia shall be heir to two-thirds; and he who does not marry her shall be heir to one-third'.
uiuo testatore consobrina defuncta ambo ad hereditatem uenientes semisses habebunt, quia uerum est eos heredes institutos, sed emolumento portionum euentu nuptiarum discretos.
If the cousin dies while the testator is still living, both, on coming to the inheritance, will have one-half each, because it is true that they were instituted heirs, but were distinguished in the benefit of their shares by the outcome of the marriage.

Notes

  1. §28.7.24.pruiuo testatore consobrina defuncta — Two consecutive ablative absolute constructions. It expresses that the event of "consobrina defuncta" (the cousin having died) occurred during the state of "uiuo testatore" (while the testator was alive).
  2. §28.7.24.preos heredes institutos... discretos — Accusative with infinitive construction introduced by "uerum est" (with "eos" as the subject accusative). The auxiliary "esse" is omitted after both participial forms "institutos" and "discretos", which form perfect infinitives.

Cite this passage

Justinian I, The Digest of Justinian §28.7.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.7.24.pr

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