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Justinian I · The Digest of Justinian §29.1.4.pr

Testamentary Capacity of Deaf-Mute Soldiers before Discharge

Passage 4363 of 9271 · Latin

Summary

Ulpianus states that a deaf and dumb soldier is permitted to make a will under military law, provided he remains on active duty before receiving a discharge on medical grounds.

[IDEM libro primo ad Sabinum. ] §29.1.4.prIure militari surdum et mutum testamentum facere posse ante causariam missionem in numeris manentem placet.
[THE SAME in his first book on Sabinus.] It is accepted that a deaf and dumb person, as long as he remains in the ranks before a discharge for health reasons, can make a will by military law.

Notes

  1. §29.1.4.prplacet — An impersonal verb taking the accusative with infinitive clause (surdum et mutum... facere posse) as its subject, meaning "it is accepted/established that...".
  2. §29.1.4.prin numeris manentem — The present participle manentem (accusative singular masculine) modifies surdum et mutum, which is the logical subject of the infinitive facere. The phrase in numeris literally means "in the numbers" but in a military context refers to "remaining in the ranks" or "on the active service roll".

Cite this passage

Justinian I, The Digest of Justinian §29.1.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.1.4.pr

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