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Justinian I · The Digest of Justinian §29.2.39.pr

No Intestate Succession While Testate Inheritance Is Possible

Passage 4442 of 9271 · Latin

Summary

This section explains the principle that as long as inheritance under a will is possible, intestate succession does not occur.

[IDEM libro quadragesimo sexto ad edictum. ] §29.2.39.prQuam diu potest ex testamento adiri hereditas, ab intestato non defertur.
[THE SAME, in the forty-sixth book on the Edict.] As long as the inheritance can be entered upon under a will, it is not devolved upon intestacy.

Notes

  1. §29.2.39.pradiri — The present passive infinitive of the verb adire (to enter upon or accept an inheritance). Here, it forms a passive construction with the noun hereditas (inheritance) as the subject (which also serves as the subject of potest), literally meaning 'the inheritance can be entered upon.'
  2. §29.2.39.prab intestato defertur — defertur is the third-person singular present passive of deferre (to offer, devolve, or confer). The subject of the previous clause, hereditas, continues to be the subject here, and combined with ab intestato (from an intestate status, or by intestacy), it refers to the devolution of inheritance through intestate succession.

Cite this passage

Justinian I, The Digest of Justinian §29.2.39.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.39.pr

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