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Justinian I · The Digest of Justinian §29.2.64.pr

Inheritance by Common Slave Freed after Partial Entry

Passage 4467 of 9271 · Latin

Summary

This text states that if a slave owned by two masters enters an inheritance by the order of one, and is subsequently manumitted, he can become the heir to the other half share by entering it on his own behalf.

[IAUOLENUS libro secundo ex posterioribus Labeonis. ] §29.2.64.prSeruus duorum heres institutus et adire iussus si alterius domini iussu adierit, deinde manumissus fuerit, poterit ipse adeundo ex parte dimidia heres esse,
[IAUOLENUS, from the second book of epitomes of the posthumous works of Labeo.] If a slave of two masters, who has been instituted heir and ordered to enter upon the inheritance, should enter it by order of one master, and afterwards be manumitted, he will be able, by entering upon it himself, to become heir to the extent of a half share.

Notes

  1. §29.2.64.prduorum — The genitive adjective duorum ("of two") implies the ellipsis of the noun dominorum ("of masters").
  2. §29.2.64.pradeundo — An ablative of the gerund expressing means ("by entering upon"). This refers to the act of entering upon the remaining half of the inheritance on his own behalf after he has been manumitted and become sui iuris.
  3. §29.2.64.prex parte dimidia — Composed of the preposition ex and the ablative parte dimidia, meaning "to the extent of a half share" in the inheritance. Having acquired one half for the master who ordered him to enter, the slave, upon manumission, acquires the other half for himself by his own entry.

Cite this passage

Justinian I, The Digest of Justinian §29.2.64.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.64.pr

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