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Justinian I · The Digest of Justinian §29.2.53.pr-29.2.53.1

Accrual of Conditional Shares and Vacant Portions

Passage 4456 of 9271 · Latin

Summary

On the accrual of shares to an heir who entered upon an inheritance under mixed conditional and unconditional designations, and the automatic accrual of vacant shares from failing co-heirs.

[GAIUS libro quarto decimo ad legem Iuliam et Papiam. ] §29.2.53.prQui ex duabus partibus heres institutus fuerit, ex alia pure, ex alia sub condicione, et ex pura institutione adierit et decesserit posteaque condicio exstiterit, ea quoque pars ad heredem eius pertinet.
[GAIUS, in the fourteenth book on the Lex Iulia et Papia.] A person who has been designated as heir to two shares, one unconditionally and the other under a condition, and has entered upon the inheritance under the unconditional designation and died, and thereafter the condition has been fulfilled, that share also belongs to his heir.
§29.2.53.1Qui semel aliqua ex parte heres exstitit, deficientium partes etiam inuitus excipit, id est tacite ei deficientium partes etiam inuito adcrescunt.
He who has once become heir to any share, receives the shares of those who fail, even against his will; that is, the shares of those who fail accrue to him tacitly, even against his will.

Notes

  1. §29.2.53.prQui ... adierit et decesserit ... ea quoque pars ad heredem eius pertinet — The relative clause Qui ... decesserit is grammatically not the subject of the main clause, whose subject is ea quoque pars. Rather, the entire clause functions as a conditional antecedent pointing to eius ("of him") in the main clause.
  2. §29.2.53.1deficientium — Genitive plural present participle of deficere ("to fail", "to be wanting"). Here used substantively to refer to co-heirs who "fail" to take their shares due to refusal, death, or incapacity.
  3. §29.2.53.1adcrescunt — The verb expressing the Roman law concept of the "right of accrual" (ius adcrescendi), whereby the vacant share of a co-heir automatically (tacite) and even compulsorily (etiam inuito) accrues to the remaining heir(s).

Cite this passage

Justinian I, The Digest of Justinian §29.2.53.pr-29.2.53.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.53.pr-29.2.53.1

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