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Justinian I · The Digest of Justinian §29.2.26.pr

Effect of Co-Institution of Paterfamilias and Subordinate

Passage 4429 of 9271 · Latin

Summary

Pomponius, Marcellus, and Julian hold that if a master/father and his slave or son are both instituted heirs, ordering the subordinate to enter upon the inheritance immediately makes the master/father heir by his own institution as well.

[PAULUS libro secundo ad Sabinum. ] §29.2.26.prSi ego et seruus meus uel filius heres institutus sit, si iussero filio uel seruo adire, statim et ex mea institutione me heredem esse Pomponius scribit: idem et Marcellus probat et Iulianus.
[PAULUS in the second book on Sabinus.] If I and my slave or son have been instituted heir, if I order my son or slave to enter upon the inheritance, Pomponius writes that I immediately become heir also from my own institution; Marcellus and Julian approve the same.

Notes

  1. §29.2.26.prheres institutus sit — Although the subject is plural (ego et seruus meus uel filius), the predicate institutus sit is in the singular due to attraction to the nearest subject. Semantically, it refers to a situation where both I and my slave or son are instituted as heirs.
  2. §29.2.26.pret ex mea institutione — The conjunction et in et ex mea institutione emphasizes that, by ordering the subordinate to enter, the master/father immediately becomes heir 'also' from his own institution directly, without needing a separate act of entry.

Cite this passage

Justinian I, The Digest of Justinian §29.2.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.26.pr

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