Humanitext Reader

Justinian I · The Digest of Justinian §29.1.32.pr

Non-passing of Camp Goods When Inheritance Is Not Accepted

Passage 4391 of 9271 · Latin

Summary

This text states that if a soldier's inheritance is not accepted in accordance with his presumed intention, the military property (res castrenses) does not pass to the heirs.

[MODESTINUS libro nono regularum. ] §29.1.32.prSi secundum probabilem uoluntatem militis hereditas eius non adeatur, nec res castrenses heredibus competunt.
[MODESTINUS, in his ninth book of Rules.] If, in accordance with the probable intention of the soldier, his inheritance is not accepted, the military property also does not belong to the heirs.

Notes

  1. §29.1.32.prprobabilem uoluntatem — The adjective "probabilis" here does not merely mean "probable" or "plausible" in a general sense, but refers to an intention that is "inferable" or "reasonably presumed" from the circumstances or the soldier's conduct.
  2. §29.1.32.pradeatur — The verb "adire" (normally meaning "to approach"), when used in the legal idiom "adire hereditatem" (to accept/enter upon an inheritance), functions transitively. Here, "adeatur" is its passive subjunctive (with "hereditas" as the subject), meaning "is not accepted" or "is not entered upon."

Cite this passage

Justinian I, The Digest of Justinian §29.1.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.1.32.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.