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Justinian I · The Digest of Justinian §29.1.8.pr

Validity of Military Wills upon Adoption or Successive Kin

Passage 4367 of 9271 · Latin

Summary

It states that the same rule applies, and the will is not broken, even if a military testator has adrogated a son or a grandson has succeeded to the place of a son.

[MARCELLUS libro decimo digestorum. ] §29.1.8.prIdem est et si adrogauerit filium neposue successerit in locum filii.
[MARCELLUS in his tenth book of the Digests.] The same holds true even if he has adrogated a son, or a grandson has succeeded to the place of a son.

Notes

  1. §29.1.8.prIdem est — This indicates that the legal effect of the preceding section (§29.1.7.pr), "testamentum non rumpitur" (the will is not broken), applies equally under the conditions of this clause. The demonstrative pronoun idem (the same thing) is neuter singular nominative, functioning predicatively.
  2. §29.1.8.pradrogauerit — The verb adrogare in Roman law refers to the act of adopting a person who is sui iuris (adrogatio). The subject is the military testator continuing from the previous section, and the verb is in the future perfect or perfect subjunctive form.
  3. §29.1.8.prneposue successerit in locum filii — The subject is neposue (nepos, grandson, with the enclitic conjunction -ue, or), and the verb is successerit. To "succeed to the place of a son" (in locum filii succedere) means that when the testator's son dies or is otherwise removed, the grandson of the next generation rises to the position of an immediate heir (suus heres).

Cite this passage

Justinian I, The Digest of Justinian §29.1.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.1.8.pr

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