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Justinian I · The Digest of Justinian §29.2.29.pr

Actions of an Heir Prevented from Inspecting Books

Passage 4432 of 9271 · Latin

Summary

Pomponius explains that an appointed heir who is blocked by a co-heir from inspecting the deceased's records to decide on acceptance is not deemed to have tacitly accepted the inheritance through his actions.

[POMPONIUS libro tertio ad Sabinum. ] §29.2.29.prQui heres institutus prohibeatur ab eo, qui una institutus iam hereditatem adiit, tabulas litteras rationes inspicere mortui, unde scire posset an sibi adeunda esset hereditas, non uidetur pro herede gerere.
[POMPONIUS in the third book on Sabinus.] An appointed heir who is prevented by one who, having been appointed together with him, has already accepted the inheritance, from inspecting the accounts, letters, and books of the deceased, from which he might know whether he ought to accept the inheritance, is not deemed to act as heir.

Notes

  1. §29.2.29.prpro herede gerere — Equivalent to the phrase "se pro herede gerere" (to act as heir), with the reflexive pronoun "se" omitted. In Roman law, it refers to the tacit acceptance of an inheritance through conduct (gestio pro herede).
  2. §29.2.29.prunde scire posset — A clause introduced by the relative adverb "unde" (from which, whereby), where the imperfect subjunctive "posset" denotes potentiality or purpose, in harmony with the tense of the main clause (with "uidetur" functioning as historical present).

Cite this passage

Justinian I, The Digest of Justinian §29.2.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.29.pr

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