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Justinian I · The Digest of Justinian §29.2.5.pr-29.2.5.1

Inheritance Acceptance by the Deaf-Mute and Interdicted

Passage 4408 of 9271 · Latin

Summary

It states the principle that individuals with physical disabilities (mute or deaf) or those interdicted by law from managing their property can still accept an inheritance and act as heirs under certain conditions.

[IDEM libro primo ad Sabinum. ] §29.2.5.prMutum nec non surdum, etiam ita natos pro herede gerere et obligari hereditati posse constat.
[THE SAME in the first book on Sabinus.] It is established that a dumb as well as a deaf person, even those born so, can act as heir and be bound to the inheritance.
§29.2.5.1Eum, cui lege bonis interdicitur, institutum posse adire hereditatem constat.
It is established that he who is interdicted by law from his property, if appointed heir, can enter upon the inheritance.

Notes

  1. §29.2.5.prpro herede gerere — The phrase pro herede gerere (often with a reflexive pronoun as pro herede se gerere) is a legal idiom meaning "to act as heir." It refers to the tacit acceptance of an inheritance through concrete actions, such as managing or disposing of the inherited property, without a formal declaration.
  2. §29.2.5.1cui lege bonis interdicitur — The verb interdicitur in the relative clause is used impersonally in the passive, because active interdicere takes a dative of the person (alicui) and an ablative of the thing (aliqua re). Here, cui is the dative and bonis is the ablative of separation, literally translating to "to whom it is interdicted from his goods by law," referring to someone legally prohibited from managing their property.

Cite this passage

Justinian I, The Digest of Justinian §29.2.5.pr-29.2.5.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.5.pr-29.2.5.1

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