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Justinian I · The Digest of Justinian §29.2.63.pr

Acquisition of Inheritance by an Insane Person

Passage 4466 of 9271 · Latin

Summary

An insane person cannot personally acquire the benefit of an inheritance under a will unless they are a necessary heir, but they can acquire it through those in their power, such as slaves.

[MARCELLUS libro singulari regularum POMPONII notat. ] §29.2.63.prFuriosus adquirere sibi commodum hereditatis ex testamento non potest, nisi si necessarius patri aut domino heres existat: per alium autem adquiri ei potest, ueluti per seruum uel eum quem in potestate habet.
[MARCELLUS notes in the single book of Rules of POMPONIUS.] An insane person cannot acquire for himself the benefit of an inheritance under a will, unless he becomes a necessary heir to his father or master; on the other hand, acquisition can be made for him through another, as for instance through a slave or someone whom he has in his power.

Notes

  1. §29.2.63.prnecessarius patri aut domino heres existat — A "necessary heir" (heres necessarius) becomes an heir automatically upon the death of the deceased, regardless of their own consent. Therefore, even an insane person (furiosus) who lacks legal capacity can exceptionally become an heir in relation to their father (as a suus heres) or master.
  2. §29.2.63.pradquiri ei potest — The verb `potest` is used with the passive infinitive `adquiri` either impersonally or with `commodum` from the previous clause as its subject. Since an insane person lacks legal capacity to acquire directly, this highlights the Roman law principle of paternal power (patria potestas), under which the acts of those in one's power (such as slaves) automatically benefit the head of the household.

Cite this passage

Justinian I, The Digest of Justinian §29.2.63.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.63.pr

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