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Justinian I · The Digest of Justinian §29.2.61.pr

Restoration of a Minor Co-Heir and Possession by Creditors

Passage 4464 of 9271 · Latin

Summary

Macer records a decree of the deified Severus stating that if a minor co-heir is granted restoration to their original condition, the other co-heir is not forced to bear the liabilities of that share; instead, possession of those assets is granted to the creditors.

[MACER libro primo de officio praesidis. ] §29.2.61.prSi minor annis, posteaquam ex parte heres exstitit, in integrum restitutus est, diuus Seuerus constituit, ut eius partis onus coheres suscipere non cogatur, sed bonorum possessio creditoribus detur.
[MACER, in the first book on the Office of the Governor.] If a minor, after he has become heir to a share, has been restored to his original condition, the deified Severus constitutionally decreed that the co-heir should not be compelled to undertake the liability of that share, but that possession of the goods should be given to the creditors.

Notes

  1. §29.2.61.prminor annis — Literally "minor in years," referring to a minor under twenty-five years of age (minor viginti quinque annis) under Roman law, who, due to their limited capacity, was entitled to seek relief through "in integrum restitutio" against disadvantageous transactions.
  2. §29.2.61.prin integrum restitutus est — Refers to being granted "in integrum restitutio" (restoration to the original condition), an extraordinary remedy by which a magistrate or emperor retroactively annulled the effects of a legal act (here, the acceptance of an insolvent inheritance by a minor) as if it had never occurred.

Cite this passage

Justinian I, The Digest of Justinian §29.2.61.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.61.pr

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