Humanitext Reader

Justinian I · The Digest of Justinian §29.1.5.pr

Soldiers Designating Substitutes for Their Existing Heirs

Passage 4364 of 9271 · Latin

Summary

Soldiers are permitted to designate substitute heirs even for those who have already become their heirs, but this substitution is restricted to the assets they received from the soldiers' wills.

[IDEM libro quarto ad Sabinum. ] §29.1.5.prMilites etiam his, qui heredes exstiterunt, possunt substituere in his dumtaxat, quae sunt ex testamento eorum consecuti.
[THE SAME in his fourth book on Sabinus.] Soldiers can also substitute heirs even to those who have become their heirs, but only in respect of those assets which they have acquired from the soldiers' will.

Notes

  1. §29.1.5.prsubstituere — This refers to "substitution" (substitutio) in Roman law. While ordinary citizens could only designate substitute heirs in case the primary heir did not accept the inheritance (substitutio vulgaris) or died before reaching puberty (substitutio pupillaris), soldiers were privileged to designate substitutes even for those who had already become heirs (heredes exstiterunt), though limited to the assets they acquired from the soldier's will (in his dumtaxat, quae... consecuti).
  2. §29.1.5.preorum — A genitive plural pronoun which, in this context, refers to the subject Milites (soldiers). Therefore, testamento eorum means "their (the soldiers') will."

Cite this passage

Justinian I, The Digest of Justinian §29.1.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.1.5.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.