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Justinian I · The Digest of Justinian §29.2.79.pr

Immediate Acquisition of Inheritance through Subordinates

Passage 4482 of 9271 · Latin

Summary

The passage establishes the principle of immediate acquisition, stating that property or an inheritance acquired through a person under power is acquired directly by the holder of power without remaining even for a moment in the intermediary's person.

[ULPIANUS libro secundo ad legem Iuliam et Papiam. ] §29.2.79.prPlacet, quotiens adquiritur per aliquem hereditas uel quid aliud ei cuius quis in potestate est, confestim adquiri ei cuius est in potestate, neque momento aliquo subsistere in persona eius per quem adquiritur et sic adquiri ei cui adquiritur.
[ULPIANUS, from the second book On the Lex Julia et Papia.] It is held that, whenever an inheritance or anything else is acquired through someone for a person under whose power that someone is, it is acquired immediately for the one under whose power he is, and does not remain for even a moment in the person of him through whom it is acquired, and is thus acquired for the one for whom it is acquired.

Notes

  1. 29.2.79.prei cuius quis in potestate est — ei is the dative of reference indicating the person acquiring (the power-holder), and cuius is the relative pronoun in the genitive referring back to ei. quis is an indefinite pronoun (referring to the aliquem through whom acquisition is made) acting as the subject of est. The entire phrase means 'for the person (ei) under whose (cuius) power someone (quis) is.'
  2. 29.2.79.prmomento aliquo subsistere — momento aliquo is an ablative of time ('for any moment'), emphasizing the principle of immediate acquisition whereby the rights or property do not rest even temporarily in the person of the intermediary (in persona eius).

Cite this passage

Justinian I, The Digest of Justinian §29.2.79.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.79.pr

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