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Justinian I · The Digest of Justinian §29.2.10.pr

Intention of Partial Acquisition by a Sole Heir

Passage 4413 of 9271 · Latin

Summary

Ulpian explains that if a sole heir designated for the entire estate intends to take only a portion of it, they are nevertheless legally deemed to have acted as heir for the whole estate.

[ULPIANUS libro septimo ad Sabinum. ] §29.2.10.prSi ex asse heres destinauerit partem habere hereditatis, uidetur in assem pro herede gessisse.
[ULPIANUS in the seventh book on Sabinus.] If an heir designated for the whole estate has intended to have only a part of the inheritance, he is deemed to have acted as heir in respect of the whole.

Notes

  1. §29.2.10.prex asse heres — "An heir from the as" (the as being the basic Roman unit of weight or currency divided into twelve parts, here representing the whole estate), which means a "sole heir" or "heir to the entire estate."
  2. §29.2.10.pruidetur in assem pro herede gessisse — This is a personal construction with the subject being the 'heres' from the preceding clause. The phrase 'pro herede gerere' is a legal idiom meaning "to act as heir," referring to performing administrative or dispositive acts that imply tacit acceptance of the inheritance. 'in assem' means "in respect of the whole," indicating that even if only a part was intended, the action legally constitutes acceptance of the entire estate.

Cite this passage

Justinian I, The Digest of Justinian §29.2.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.10.pr

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