Humanitext Reader

Justinian I · The Digest of Justinian §29.2.24.pr

Remuneration for Renouncing Inheritance and Mortis Causa

Passage 4427 of 9271 · Latin

Summary

Ulpian discusses the legal status of a person who receives or is promised money to renounce an inheritance, explaining that such an act is treated as an acquisition mortis causa and falls under the praetorian edict.

[ULPIANUS libro septimo ad Sabinum. ] §29.2.24.prFuit quaestionis, an pro herede gerere uideatur, qui pretium hereditatis omittendae causa capit, et optinuit hunc pro herede quidem non gerere, qui ideo accepit, ne heres sit, in edictum tamen praetoris incidere.
[ULPIANUS in the seventh book on Sabinus.] It was a question whether a person who takes a price for the purpose of omitting an inheritance is considered to act as heir; and it was held that this person indeed does not act as heir, since he accepted it in order not to be the heir, but nevertheless falls under the edict of the praetor.
siue igitur a substituto non heres accepit siue a legitimo, mortis causa accepisse uidetur.
Therefore, whether the non-heir accepted it from a substitute or from an intestate heir, he is deemed to have acquired it mortis causa.
idemque erit et si non accepit, sed promissa sit ei pecunia: nam et stipulando mortis causa capit.
And the same will hold even if he did not receive it, but money was promised to him; for by stipulating also, he acquires mortis causa.

Notes

  1. §29.2.24.prFuit quaestionis — The genitive form quaestionis of the noun quaestio is used with the verb fuit to function as a predicate genitive (or genitive of characteristic), meaning "it was a matter of question" or "it was doubtful."
  2. §29.2.24.prpro herede gerere — A technical Roman legal term meaning "to act as heir." It refers to conduct involving the factual administration or disposal of estate property, which implies a tacit acceptance of the inheritance.
  3. §29.2.24.proptinuit — The perfect tense of optineo (obtineo), used here impersonally to mean "it was held" or "it became established as a rule." The following accusative and infinitive clause (hunc... non gerere... incidere) serves as its subject.
  4. §29.2.24.prmortis causa — A legal term meaning "by reason of death" or "on account of death." It indicates that the benefit acquired in exchange for renouncing the inheritance is treated analogously to a mortis causa capio (acquisition in contemplation of death).

Cite this passage

Justinian I, The Digest of Justinian §29.2.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.24.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.