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Justinian I · The Digest of Justinian §29.2.58.pr

Freedom and Necessary Heirship of a Slave Appointed Coheir

Passage 4461 of 9271 · Latin

Summary

On the principle that a slave appointed as a co-heir becomes free and a necessary heir without waiting for the other co-heir to enter upon the inheritance, and the exception of a conditional appointment.

[PAULUS libro secundo regularum. ] §29.2.58.prEx parte heres institutus seruus et nondum adita hereditate a coherede eius liber et heres fit necessarius, quia non a coherede, sed a semet ipso accipit libertatem: nisi ita institutus fuerit: 'cum mihi quis heres erit, Stichus liber et heres esto'.
[PAULUS, in the second book of Rules.]\n\nA slave appointed heir to a part, even before the inheritance has been entered upon by his co-heir, becomes free and a necessary heir, because he receives his freedom not from the co-heir, but from himself; unless he has been appointed in this manner: \"When anyone shall be my heir, let Stichus be free and my heir.\"

Notes

  1. §29.2.58.prnondum adita hereditate — An ablative absolute with the perfect passive participle adita. Based on the legal technical term adire hereditatem (to enter upon or accept an inheritance), it means \"while the inheritance has not yet been entered upon by his co-heir.\"
  2. §29.2.58.pra semet ipso — Literally \"from himself.\" In this context, it indicates that the slave's freedom is derived directly from the will itself which appointed him as heir (i.e., his own status), rather than being dependent on the co-heir's act of entering upon the inheritance.

Cite this passage

Justinian I, The Digest of Justinian §29.2.58.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.58.pr

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