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Justinian I · The Digest of Justinian §29.2.35.pr-29.2.35.2

Substitution and Inheritance Acceptance via Dependents

Passage 4438 of 9271 · Latin

Summary

Discusses the effect of accepting an inheritance when an appointment to a share overlaps with a substitution, inheritance through dependent family members or slaves, and the impact of a father's order to accept after being excluded by a condition.

[ULPIANUS libro nono ad Sabinum. ] §29.2.35.prSi quis heres institutus ex parte, mox Titio substitutus, antequam ex causa substitutionis ei deferatur hereditas, pro herede gesserit, erit heres ex causa quoque substitutionis, quoniam inuito quoque ei adcrescit portio.
[ULPIANUS in the ninth book on Sabinus.] If anyone, having been appointed heir to a part, and subsequently substituted to Titius, should act as heir before the inheritance is deferred to him under the cause of substitution, he will be heir also under the cause of substitution, since a share accrues even to one who is unwilling.
idem dico et si filius familias uel seruus iussu domini uel patris adierint hereditatem, mox emancipatus uel manumissus ex causa substitutionis adeant: erunt namque heredes: sunt enim appendices praecedentis institutionis.
I say the same also if a filius familias or a slave, by order of their father or master, should accept an inheritance, and, having subsequently been emancipated or manumitted, accept under the cause of substitution; for they will be heirs, since these are appendages of the preceding appointment.
§29.2.35.1Si exclusus per condicionem sibi datam pater filium iussit adire, dicendum erit eum non quaesisse suam portionem.
If a father, excluded by a condition imposed on himself, ordered his son to accept, it must be said that he did not acquire his share.
§29.2.35.2Sed si ex duobus filiis unum iusserit, debebit et alium filium iubere adire.
But if he ordered one of two sons, he must also order the other son to accept.

Notes

  1. 29.2.35.prTitio substitutus — Meaning "substituted to Titius." The verb *substituere* takes a dative case to indicate the person for whom someone is appointed as a substitute heir in case the primary heir does not inherit.
  2. 29.2.35.prinuito quoque — Used with the dative pronoun *ei*, meaning "even to him who is unwilling." This refers to the principle of accrual (*ius adcrescendi*), which operates automatically without the necessity of express acceptance or consent.
  3. 29.2.35.1exclusus — A perfect participle in the nominative singular masculine, modifying the subject *pater*. It describes the father being "excluded" due to the non-fulfillment of the condition imposed on him (*sibi datam*).

Cite this passage

Justinian I, The Digest of Justinian §29.2.35.pr-29.2.35.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.35.pr-29.2.35.2

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