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Justinian I · The Digest of Justinian §29.2.59.pr

Prohibition of Rejecting Pupillary Substitution Inheritance

Passage 4462 of 9271 · Latin

Summary

It explains that if a father's heir is also substituted for the pupillary son, he cannot reject the son's inheritance, and this rule applies even if the heir dies before the ward.

[NERATIUS libro secundo membranarum. ] §29.2.59.prQui patri heres exstitit si idem filio impuberi substitutus est, non potest hereditatem eius praetermittere: quod sic recipiendum est etiam si uiuo pupillo mortuus erit, deinde pupillus impubes decesserit.
[NERATIUS, in the second book of Parchments.] He who has become heir to a father, if the same person has been substituted for a son under puberty, cannot reject his inheritance; which is to be accepted in this sense even if he should die while the ward is still living, and then the ward should die under puberty.
nam is qui heres exstiterit pupillo quoque heres necessario erit: nam si ipsum inuitum obligat, coniungi eam paternae hereditati et adcrescendi iure adquiri cuicumque patris heredi existimandum est.
For he who becomes the heir will also necessarily be the heir to the ward; for if it binds the man himself against his will, it must be considered that this inheritance is joined to the father's inheritance and acquired by the right of accretion to whoever is the father's heir.

Notes

  1. §29.2.59.pruiuo pupillo — An ablative absolute construction consisting of the noun pupillo and the adjective uiuo, expressing the temporal condition 'while the ward is still living'.
  2. §29.2.59.pripsum inuitum — ipsum is the accusative singular masculine of the pronoun ipse, referring to the original heir. inuitum is an agreeing form of the adjective inuitus, functioning adverbially here as 'against his will'.
  3. §29.2.59.pream — The accusative feminine singular of the demonstrative pronoun is, acting as the subject of the infinitive clause. In context, it refers to the omitted noun hereditatem (the inheritance of the ward).

Cite this passage

Justinian I, The Digest of Justinian §29.2.59.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.59.pr

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