Humanitext Reader

Justinian I · The Digest of Justinian §29.2.16.pr

Inability of Supposed Necessary Heir to Act as Voluntary Heir

Passage 4419 of 9271 · Latin

Summary

States the principle that a person who believes himself to be a necessary heir cannot act in the capacity of a voluntary heir.

[IDEM libro uicesimo quarto ad edictum. ] §29.2.16.prEt e contrario qui se putat necessarium, uoluntarius existere non potest.
[THE SAME in the twenty-fourth book on the edict.] And conversely, he who thinks himself to be a necessary heir cannot act as a voluntary one.

Notes

  1. §29.2.16.pruoluntarius — Nominative singular masculine adjective. It agrees with the implied subject of the main clause (the person referred to by the qui clause). It functions as a predicate complement to the infinitive existere (to stand as, to act as). While the previous fragment (15.pr) specifically states that a voluntary heir who thinks himself necessary cannot "repudiate" (repudiare), this fragment states more generally that he cannot "act" (existere) as a voluntary heir.

Cite this passage

Justinian I, The Digest of Justinian §29.2.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.16.pr

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