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Justinian I · The Digest of Justinian §29.2.15.pr

Inability of Heir Misjudging Status to Repudiate

Passage 4418 of 9271 · Latin

Summary

Ulpian explains that a voluntary heir who mistakenly believes himself to be a necessary heir cannot repudiate the inheritance, as subjective belief takes precedence over objective reality.

[ULPIANUS libro septimo ad Sabinum. ] §29.2.15.prIs qui putat se necessarium, cum sit uoluntarius, non poterit repudiare: nam plus est in opinione, quam in ueritate.
[ULPIANUS in the seventh book on Sabinus.] He who thinks himself to be a necessary heir, although he is a voluntary one, will not be able to repudiate: for there is more in belief than in reality.

Notes

  1. §29.2.15.prnecessarium — The noun *heres* (heir) is understood. A *necessarius* (necessary heir) refers to an heir who was under the power of the deceased and had no freedom to decline the inheritance. Conversely, a *uoluntarius* (voluntary heir) refers to an heir who has the choice to accept or repudiate the inheritance.
  2. §29.2.15.prcum sit — The conjunction *cum* with the present subjunctive (*sit*) here expresses concession ('although he is').
  3. §29.2.15.prplus est in opinione, quam in ueritate — Literally, 'there is more in opinion than in truth.' In this context, it expresses the legal principle that the actor's subjective misconception (the belief that he is a necessary heir) takes precedence over objective reality (the fact that he is actually a voluntary heir) in determining his legal capacity or the effect of his actions, thereby preventing him from repudiating.

Cite this passage

Justinian I, The Digest of Justinian §29.2.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.15.pr

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