Justinian I · The Digest of Justinian §29.2.56.pr

Rights Inherited from a Coheir Who Intermeddled and Died

Passage 4459 of 9271 · Latin

Summary

Marcellus states that if a coheir who intermeddled with an inheritance dies and the other coheir subsequently abstains, the same condition must be offered to the deceased's heir as would have been offered to the deceased himself.

[ULPIANUS libro quinquagesimo septimo ad edictum. ] §29.2.56.prSi is qui immiscuit se hereditati decessisset, deinde alter se abstinet, eadem condicio deferenda est heredi eius quae et ipsi, quod Marcellus ait.

[ULPIANUS, in the fifty-seventh book on the Edict.] If a person who has intermeddled with an inheritance has died, and then the other abstains, the same condition must be offered to his heir as to himself, as Marcellus says.

Notes

§29.2.56.prquae et ipsi — The relative pronoun quae refers back to eadem condicio in the main clause, with a verb phrase like deferenda erat (which was to be offered) understood: 'the same condition [must be offered]... as [was to be offered] to himself'. The dative ipsi refers to the deceased coheir (is qui immiscuit se hereditati) and is coreferential with the genitive eius in heredi eius.

Cite this passage

Justinian I, The Digest of Justinian §29.2.56.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.56.pr

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