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Justinian I · The Digest of Justinian §29.2.7.pr-29.2.7.2

Exclusion of Substitutes and a Grandson's Right to Abstain

Passage 4410 of 9271 · Latin

Summary

This chunk discusses the exclusion of a substitute when a son of the family enters an inheritance by his father's command, and the grandson's right to abstain from the grandfather's inheritance upon the death of the necessary heir. It also establishes that whoever becomes heir to another's heir is deemed heir to the original deceased.

[PAULUS libro primo ad Sabinum. ] §29.2.7.prSi quis filium familias heredem instituerit et ita scripserit: 'si mihi Titius iste filius familias heres non erit, Sempronius heres esto' filio adeunte iussu patris substitutus excluditur.
[PAULUS in the first book on Sabinus.] If anyone has appointed a son of the family as heir and has written as follows: 'If that Titius, a son of the family, shall not be heir to me, let Sempronius be heir,' the substitute is excluded when the son enters by command of his father.
§29.2.7.1Si filius prius quam sciret se necessarium exstitisse patri heredem decesserit relicto filio necessario, permittendum est nepoti abstinere se aui hereditate, quia et patri eius idem tribueretur.
If a son should die before he knew that he had become a necessary heir to his father, leaving behind a son who is a necessary heir, the grandson must be permitted to abstain from the grandfather's inheritance, because the same would have been granted also to his father.
§29.2.7.2In omni successione qui ei heres exstitit, qui Titio heres fuit, Titio quoque heres uidetur esse nec potest Titii omittere hereditatem.
In every succession, he who has become heir to one who was heir to Titius is deemed to be heir also to Titius, and cannot reject the inheritance of Titius.

Notes

  1. §29.2.7.prfilio adeunte iussu patris — This is an ablative absolute construction where the present participle adeunte is modified by the ablative noun iussu (an ablative of cause/manner meaning 'by command'). The noun filio acts as the subject of the participle, meaning 'when the son enters by command of his father.'
  2. §29.2.7.1relicto filio necessario — An ablative absolute construction using the perfect participle relicto. Note that the filius ('son') mentioned here is the son of the main subject filius (the deceased son of the grandfather), making him the 'grandson' (nepoti) referred to in the next clause.
  3. §29.2.7.2qui ei heres exstitit, qui Titio heres fuit — A double relative clause structure. If we supply the omitted demonstratives, the structure is is, qui ei (is qui Titio heres fuit) heres exstitit, representing a double succession: 'he who has become heir to him (the one) who was heir to Titius.'

Cite this passage

Justinian I, The Digest of Justinian §29.2.7.pr-29.2.7.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.7.pr-29.2.7.2

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