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Justinian I · The Digest of Justinian §29.1.23.pr

Arrogation of a Soldier Pater Familias and Military Wills

Passage 4382 of 9271 · Latin

Summary

This section states that a soldier who is a pater familias preserves the validity of his will concerning his military peculium even after giving himself to be arrogated, whereas such a will is invalid if the arrogation occurs after his discharge.

[TERTULLIANUS libro singulari de castrensi peculio. ] §29.1.23.prIdem et si pater familias miles de castrensibus rebus dumtaxat testatus adrogandum se dederit: si uero missus iam hoc fecerat, non ualet testamentum.
[TERTULLIANUS, in his single book on military peculium.] The same also applies if a soldier who is a pater familias, having made a will only concerning his military property, has given himself to be arrogated; but if he had already done this after being discharged, the will is not valid.

Notes

  1. §29.1.23.prIdem — Refers back to the validity of the will (testamentum ualet) mentioned in the preceding fragment. A verb of validation like ualet is understood.
  2. §29.1.23.pradrogandum se dederit — adrogandum is a gerundive expressing purpose. Since the subject is a pater familias (sui iuris), the term denotes the specific arrogation (adrogatio) of a self-governing person rather than standard adoption (adoptio).
  3. §29.1.23.prmissus — A perfect participle used substantively to refer to a soldier who has been honorably discharged.

Cite this passage

Justinian I, The Digest of Justinian §29.1.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.1.23.pr

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