Humanitext Reader

Justinian I · The Digest of Justinian §29.2.54.pr

Retroactive Effect of Acceptance of Inheritance to Death

Passage 4457 of 9271 · Latin

Summary

Explains the principle of the retroactive effect of inheritance, stating that an heir is understood to have succeeded from the moment of death, regardless of when they enter upon the inheritance.

[FLORENTINUS libro octauo institutionum. ] §29.2.54.prHeres quandoque adeundo hereditatem iam tunc a morte successisse defuncto intellegitur.
[FLORENTINUS, in the eighth book of the Institutes.] An heir, by entering upon the inheritance at any time, is understood to have succeeded to the deceased already at that moment from the time of death.

Notes

  1. §29.2.54.prquandoque adeundo hereditatem — The ablative of the gerund `adeundo` expresses means or circumstance, and accompanied by the adverb `quandoque` ("whenever" or "at whatever time"), it indicates an indefinite or concessive time: "by entering upon the inheritance at any time."
  2. §29.2.54.priam tunc a morte successisse defuncto intellegitur — This is a personal passive construction (nominative with infinitive) with `Heres` as the subject, structured around `intellegitur successisse` ("is understood to have succeeded"). `iam tunc` ("already then") is specified by `a morte` ("from the time of death"), meaning that the succession is deemed to have occurred retroactively from the moment of the deceased's death, not from the time of the entry upon the inheritance.

Cite this passage

Justinian I, The Digest of Justinian §29.2.54.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.54.pr

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