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Justinian I · The Digest of Justinian §28.8.8.pr

Deliberation Request by a Self-Successor After Abstention

Passage 4356 of 9271 · Latin

Summary

Ulpian discusses whether a self-successor who has already abstained from an inheritance should be granted a period for deliberation, concluding that it should be allowed upon cause shown if the property has not yet been sold.

[IDEM libro sexagesimo primo ad edictum. ] §28.8.8.prSi quis suus heres, posteaquam se abstinuerit, tunc petat tempus ad deliberandum, uideamus, an impetrare debeat: magisque est, ut ex causa debeat impetrare, cum nondum bona uenierint.
[THE SAME, in the sixty-first book on the Edict.] If any self-successor, after he has abstained from the inheritance, should then request a period for deliberating, let us see whether he ought to obtain it; and it is rather the case that he ought to obtain it upon cause shown, since the property has not yet been sold.

Notes

  1. §28.8.8.prsuus heres — "Suus heres" (self-successor or direct heir) refers to a person who was under the immediate power (patria potestas, etc.) of the deceased and became an heir automatically upon the deceased's death.
  2. §28.8.8.prmagisque est, ut — An impersonal expression meaning "it is rather the case that..." or "it is more acceptable that..." taking the following ut clause as its subject or complement. It introduces the opinion preferred by the jurist among possible alternatives.
  3. §28.8.8.pruenierint — The perfect subjunctive third-person plural of uēneo (to be sold, serving as the passive of uendo). It is spelled almost identically to uēnerint from the verb uenio (to come), but must be understood as the former because of the legal context of "property being sold" (bona uenire).

Cite this passage

Justinian I, The Digest of Justinian §28.8.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.8.8.pr

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