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Justinian I · The Digest of Justinian §29.2.41.pr

Acquisition by Substitution after Abstaining from Father's Estate

Passage 4444 of 9271 · Latin

Summary

This section explains that a son who has renounced his father's inheritance can still acquire the inheritance through substitution if he intermeddles with the estate of his disinherited brother and acts as heir.

[IULIANUS libro uicesimo sexto digestorum. ] §29.2.41.prFilius, qui se paterna hereditate abstinuit, si exheredati fratris hereditati se immiscuerit et pro herede gesserit, poterit ex substitutione hereditatem optinere.
[JULIAN, in the twenty-sixth book of Digests.] A son, who has abstained from his father's inheritance, if he intermeddles with the inheritance of his disinherited brother and acts as heir, will be able to obtain the inheritance by substitution.

Notes

  1. §29.2.41.prse paterna hereditate abstinuit — The verb `abstinere` with the reflexive pronoun `se` and the ablative of separation `hereditate` is a legal idiom meaning "to abstain from the inheritance" (i.e., to decline or waive the succession).
  2. §29.2.41.prpro herede gesserit — `pro herede gerere` (where `gerere` is used intransitively or with `se` understood) is a crucial technical term in Roman law meaning "to act as heir," which refers to performing actions (such as managing or disposing of the estate) that imply the acceptance of the inheritance.

Cite this passage

Justinian I, The Digest of Justinian §29.2.41.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.41.pr

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