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Justinian I · The Digest of Justinian §29.2.38.pr

Intermeddling of Necessary Heir after Co-Heir Abstains

Passage 4441 of 9271 · Latin

Summary

Ulpian discusses that when one of two necessary heirs abstains from an inheritance and the other subsequently intermeddles, the latter is deemed to accept under the condition of bearing the entire hereditary debt.

[ULPIANUS libro quadragesimo tertio ad edictum. ] §29.2.38.prSi duo sint necessarii heredes, quorum alter se abstinuit, alter posteaquam prior abstinuit immiscuit se, dicendum est hunc non posse recusare, quo minus tota onera hereditaria subeat: qui enim scit aut scire potuit illo abstinente se oneribus fore implicitum, ea condicione adire uidetur.
[ULPIAN, in the forty-third book on the Edict.] If there are two necessary heirs, of whom one has abstained from the inheritance, and the other, after the first had abstained, has intermeddled with it, it must be said that the latter cannot refuse to undergo the entire hereditary burdens; for he who knows or could have known that, upon the former's abstaining, he would be entangled with the burdens, is deemed to enter upon the inheritance under that condition.

Notes

  1. §29.2.38.prnecessarii heredes — Refers to "necessary heirs." In Roman law, these were persons subject to the deceased's power (sui heredes) or slaves set free and appointed heirs by will, who became heirs automatically without any formal acceptance. However, the praetor granted the privilege of abstaining (beneficium abstinendi) to direct descendants.
  2. §29.2.38.prrecusare, quo minus — After verbs of hindering or refusing, such as recusare, a clause with quo minus followed by the subjunctive is used to mean "to refuse to do something."
  3. §29.2.38.prillo abstinente — An ablative absolute construction consisting of illo (the other heir) and the present participle abstinente (abstaining), representing the condition or cause: "upon his abstaining" or "since he abstains."
  4. §29.2.38.prse... fore implicitum — An accusative with infinitive (ACI) construction serving as the object of scit aut scire potuit (knows or could have known). se is the subject accusative, and implicitum is the perfect participle of implico. Combined with fore (future infinitive), it expresses a future passive meaning: "that he would be entangled."

Cite this passage

Justinian I, The Digest of Justinian §29.2.38.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.38.pr

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