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Justinian I · The Digest of Justinian §29.2.65.pr

Exclusion of Substitute when Slave Becomes Partial Heir

Passage 4468 of 9271 · Latin

Summary

It clarifies that even if a substitute was appointed for the slave mentioned in the preceding fragment, the substitute has no place because the slave has already become the heir in some capacity.

[PAULUS libro secundo ad Sabinum. ] §29.2.65.pret si substitutum haberet idem seruus ita 'si heres non erit, ille heres esto', substitutus locum non habet.
[PAULUS, from the second book on Sabinus.] And if the same slave had a substitute appointed for him in this manner, 'If he is not the heir, let that other be the heir,' the substitute has no place.

Notes

  1. 29.2.65.pridem seruus — 'The same slave' refers to the slave shared by two masters and instituted as heir, who was discussed in the preceding fragment of Iavolenus (29.2.64.pr). This pronoun is used because the compilers of the Digest connected these fragments from different authors.
  2. 29.2.65.prsubstitutus locum non habet — Explains why the substitute (substitutus) has no place (locum non habet). Since the slave has already become the heir (heres) at least in part, either by the order of one of his masters or by his own entry after being manumitted, the condition for substitution 'if he is not the heir (si heres non erit)' fails to be fulfilled.

Cite this passage

Justinian I, The Digest of Justinian §29.2.65.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.65.pr

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