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Justinian I · The Digest of Justinian §29.1.22.pr

Validity of a Soldier's Will after Capitis Deminutio

Passage 4381 of 9271 · Latin

Summary

Marcianus explains that if a soldier under paternal power undergoes a change of status (capitis deminutio) through emancipation or adoption, his will remains valid as if it were based on a new expression of will.

[MARCIANUS libro quarto institutionum. ] §29.1.22.prMiles filius familias si capite minutus fuerit, uel emancipatus uel in adoptionem datus a patre suo, testamentum eius ualet quasi ex noua uoluntate.
[MARCIANUS, in his fourth book of Institutes.] If a soldier who is a son under paternal power undergoes a change of status, either having been emancipated or given in adoption by his father, his will is valid as if from a new expression of intent.

Notes

  1. §29.1.22.prcapite minutus fuerit, uel emancipatus uel in adoptionem datus — The past participles 'emancipated' (emancipatus) and 'given in adoption' (in adoptionem datus) function in apposition to or as specification of the main verb of the conditional clause (minutus fuerit), explaining the concrete ways in which the change of status (capitis deminutio) occurs through the father's action.
  2. §29.1.22.prquasi ex noua uoluntate — The prepositional phrase ex noua uoluntate is qualified by quasi ('as if'), indicating a legal fiction where the will, which would otherwise become invalid due to the change of status, is treated as though it had been sustained by a newly formed intent.

Cite this passage

Justinian I, The Digest of Justinian §29.1.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.1.22.pr

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