[IDEM libro undecimo ad Sabinum. ] §29.1.10.prFacere testamentum hostium potitus nec iure militari potest.
[THE SAME, in his eleventh book on Sabinus.] One who has been captured by the enemy cannot make a testament, not even by military law.
Justinian I · The Digest of Justinian §29.1.10.pr
Incapacity of Soldiers Captured by Enemies to Make a Will
Summary
It states that a person captured by the enemy cannot make a testament, not even under the privileges of military law.
Notes
- §29.1.10.prhostium potitus — The perfect participle potitus of the deponent verb potior (to obtain, get possession of) is used substantively to mean 'one who has fallen into the power of the enemy' (i.e., a captive). The genitive hostium is governed by the verb potior, which regularly takes either the genitive or the ablative.
Cite this passage
Justinian I, The Digest of Justinian §29.1.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.1.10.pr
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