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Justinian I · The Digest of Justinian §29.2.12.pr

Relief Unneeded When Heir Does Not Intermeddle

Passage 4415 of 9271 · Latin

Summary

This text rules that an heir who did not intermeddle with their father's estate, regardless of age, has no need to approach the praetor, and that pupils do not require restoration to their original condition if their father had already rejected the grandfather's estate.

[ULPIANUS libro undecimo ad edictum. ] §29.2.12.prEi, qui se non miscuit hereditati paternae, siue maior sit siue minor, non esse necesse praetorem adire, sed sufficit se non miscuisse hereditati.
[ULPIANUS in the eleventh book on the Edict.] For one who has not intermeddled with his father's estate, whether he is of age or under age, it is not necessary to approach the praetor, but it is sufficient not to have intermeddled with the estate.
et est in semenstribus Uibiis Soteri et Uictorino rescriptum, non esse necesse pupillis in integrum restitui ex auito contractu, quorum pater constituerat non adgnoscere hereditatem neque quicquam amouerat uel pro herede gesserat.
And it was written in a rescript in the Semestria to Vibius Soterus and Vibius Victorinus, that it is not necessary for pupils to be restored to their original condition in respect of a contract of their grandfather, whose father had decided not to accept the estate, and had neither carried away anything nor acted as heir.

Notes

  1. §29.2.12.prEi — Dative case, functioning as the logical subject or person concerned for `non esse necesse`, and also the agent of the following infinitive `praetorem adire` ('to approach the praetor').
  2. §29.2.12.prin semenstribus — 'In the Semestria', a substantival use of the neuter plural ablative, referring to the official half-yearly compilation of imperial decisions and rescripts (particularly under Marcus Aurelius and Lucius Verus).
  3. §29.2.12.prin integrum restitui — Present passive infinitive, 'to be restored to one's original condition'. It refers to receiving the legal remedy of *in integrum restitutio* by praetorian authority, forming part of the infinitive clause that acts as the subject of `non esse necesse`.

Cite this passage

Justinian I, The Digest of Justinian §29.2.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.12.pr

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