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Justinian I · The Digest of Justinian §29.1.9.pr-29.1.9.1

Confirmation of Military Wills upon Posthumous Birth or Enlistment

Passage 4368 of 9271 · Latin

Summary

Ulpian argues that even if a child is born after the testament is made, if the soldier preferred to die while his original testament remained in force during his lifetime, he is deemed to have remade it under military law, citing a rescript of the Divine Pius regarding a civilian who later became a soldier.

[ULPIANUS libro nono ad Sabinum. ] §29.1.9.prIdemque erit dicendum et si nato filio uiuo se maluit eodem testamento durante decedere: nam uidetur iure militari refecisse testamentum:
[ULPIANUS in his ninth book on Sabinus.] And the same must be said even if, after a son was born, he preferred to depart this life while he was still alive with the same testament remaining in force; for he is deemed to have remade his testament by military law.
§29.1.9.1ut est rescriptum a diuo Pio in eo qui cum esset paganus, fecit testamentum, mox militare coepit: nam hoc quoque iure militari incipiet ualere, si hoc maluit miles.
This is in accordance with a rescript of the Divine Pius concerning one who, when he was a civilian, made a testament, and soon afterwards began his military service; for this testament also will begin to be valid under military law, if the soldier preferred this.

Notes

  1. §29.1.9.pruiuo se — An ablative absolute consisting of the ablative adjective uiuo and the ablative reflexive pronoun se, referring to the testator (the subject of the main verb maluit), meaning 'while he himself was still alive'.
  2. §29.1.9.preodem testamento durante — An ablative absolute with the noun phrase eodem testamento and the present participle durante, meaning 'while the same testament remains in force'.
  3. §29.1.9.1paganus — Rather than meaning 'pagan' as in Late Latin or Christian contexts, here it refers to a 'civilian' or 'non-soldier' in the classical Roman legal sense.

Cite this passage

Justinian I, The Digest of Justinian §29.1.9.pr-29.1.9.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.1.9.pr-29.1.9.1

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