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Justinian I · The Digest of Justinian §29.2.81.pr

Acceptance of Substitution by Instituted Heirs

Passage 4484 of 9271 · Latin

Summary

Ulpianus states that an instituted heir is deemed to have entered upon a substitution only when they can acquire it for themselves, as the rights of substitution do not transfer to their own heirs if they die beforehand.

[ULPIANUS libro tertio decimo ad legem Iuliam et Papiam. ] §29.2.81.prTotiens uidetur heres institutus etiam in causa substitutionis adisse, quotiens adquirere sibi possit: nam si mortuus esset, ad heredem non transferret substitutionem.
[ULPIANUS, from the thirteenth book On the Lex Julia et Papia.] An instituted heir is deemed to have entered upon the inheritance even in the case of a substitution, only so often as he is able to acquire for himself; for if he had died, he would not transfer the substitution to his heir.

Notes

  1. §29.2.81.pruidetur heres institutus ... adisse — Nominative with infinitive (NcI) construction where the verb `uidetur` ("is deemed") takes the nominative subject `heres institutus` and the perfect active infinitive `adisse` (a contracted form of *adiisse*, "to have entered").
  2. §29.2.81.prtotiens ... quotiens — Correlative adverbs meaning "just so often as" or "whenever." Here they express a restrictive condition: the entry upon a substitution is deemed effective only insofar as the heir is in a position to acquire the property for himself.
  3. §29.2.81.prsi mortuus esset, ... non transferret — A mixed conditional sentence, where the protasis is in the pluperfect subjunctive `si mortuus esset` (if he had died, referring to a past counterfactual event) and the apodosis is in the imperfect subjunctive `non transferret` (he would not transfer, referring to the resulting state).

Cite this passage

Justinian I, The Digest of Justinian §29.2.81.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.81.pr

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