Humanitext Reader

Justinian I · The Digest of Justinian §29.2.31.pr

Accrual of Posthumous Share to Co-heir When Pregnancy Fails

Passage 4434 of 9271 · Latin

Summary

This section explains that when it is certain that the woman is not pregnant, the share designated for the posthumous child accrues to the co-heir, even if the co-heir is unaware of this certainty.

[PAULUS libro secundo ad Sabinum. ] §29.2.31.prHeredi cum postumo instituto reliquae partes adcrescunt, quae postumo datae sunt, si certum sit non esse praegnatem, licet heres ignoret.
[PAULUS in the second book on Sabinus.] To an heir appointed together with a posthumous child, if it is certain that the woman is not pregnant, the remaining shares which had been given to the posthumous child accrue, even though the heir is ignorant of this fact.

Notes

  1. 29.2.31.prHeredi cum postumo instituto — The dative `Heredi` depends on the verb `adcrescunt` (to accrue to). The phrase `cum postumo instituto` (together with the appointed posthumous child) is an ablative phrase denoting accompaniment or circumstance, showing co-inheritance.
  2. 29.2.31.prnon esse praegnatem — An accusative with infinitive clause functioning as the subject of the impersonal `certum sit` (it is certain). The subject accusative (such as `mulierem` referring to the pregnant woman) is omitted as it is clear from the context.
  3. 29.2.31.prlicet heres ignoret — The concessive conjunction `licet` is used here with the subjunctive present `ignoret` to mean "even though the heir is ignorant (of the fact that she is not pregnant)."

Cite this passage

Justinian I, The Digest of Justinian §29.2.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.31.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.