Humanitext Reader

Justinian I · The Digest of Justinian §29.2.67.pr

Inheritance Entry by Common Slave on One Master's Order

Passage 4470 of 9271 · Latin

Summary

Discusses the extent of inheritance acquired when a common slave, instituted as an heir by a third party, accepts the inheritance on the orders of only one of his masters, and the subsequent accrual of shares if the other masters do not issue orders.

[IDEM libro primo regularum. ] §29.2.67.prSeruus communis ab extero heres institutus si iussu unius adierit hereditatem, non pro maiore parte interim heredem eum facit quam pro dominica, deinde ceteris sociis non iubentibus tacito iure partes ei adcrescunt.
[BY THE SAME, from the first book of Rules.] If a common slave, having been instituted heir by a stranger, should enter upon the inheritance by the order of one of his masters, the slave does not in the meantime make him (the ordering master) heir for a greater share than his own ownership share; subsequently, if the other partners do not give orders, the shares accrue to him by tacit right.

Notes

  1. §29.2.67.prheredem eum facit — There are two interpretations for the referent of eum: the subject seruus communis (the slave) or unius (the one master who gave the order). Considering the principle of the acquisition of rights through slaves in Roman law (the acquisition belongs to the master) and consistency with the subsequent clause partes ei adcrescunt (the shares accrue to him), this translation takes eum (and ei) as referring to the ordering master, with the slave (seruus) being the subject of facit ('the slave does not make him heir...').
  2. §29.2.67.prtacito iure — This refers to the tacit operation of the right of accrual (ius adcrescendi) in co-ownership or co-inheritance. If the other co-owners fail to give orders, their potential shares automatically accrue to the master who has already authorized the acceptance.

Cite this passage

Justinian I, The Digest of Justinian §29.2.67.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.67.pr

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