Humanitext Reader

Justinian I · The Digest of Justinian §29.2.9.pr

Inheritance Acquisition by a Ward with Tutor's Authority

Passage 4412 of 9271 · Latin

Summary

Explains the legal principle that a male ward who is past infancy and able to speak can acquire an inheritance with the authority of his tutor, even if he is of an age that cannot fully comprehend the meaning of the acquisition.

[PAULUS libro secundo ad Sabinum. ] §29.2.9.prPupillus si fari possit, licet huius aetatis sit, ut causam adquirendae hereditatis non intellegat, quamuis non uideatur scire huiusmodi aetatis puer (neque enim scire neque decernere talis aetas potest, non magis quam furiosus), tamen cum tutoris auctoritate hereditatem adquirere potest: hoc enim fauorabiliter eis praestatur.
[PAULUS in the second book on Sabinus.] A male ward, if he can speak, even though he is of such an age that he does not understand the reason for acquiring an inheritance, although a boy of this age does not seem to know (for such an age is capable of neither knowing nor deciding, any more than a madman), can nevertheless acquire an inheritance with the authority of his tutor; for this is granted to them as a favor.

Notes

  1. §29.2.9.prfari possit — The phrase fari posse (to be able to speak) is a technical criterion in Roman law indicating that a child has passed the stage of infancy (infans), during which they are deemed to have no legal capacity.
  2. §29.2.9.prnon magis quam furiosus — The phrase non magis quam (no more than) is a comparative expression indicating that a minor who has just passed infancy, just like a madman (furiosus), is incapable of "knowing (scire) or deciding (decernere)."
  3. §29.2.9.prfauorabiliter eis praestatur — The word fauorabiliter means "favorably" or "as a favor." It indicates a legal benefit or privilege granted exceptionally to those who otherwise lack sufficient capacity, in order to allow them to obtain an advantage (the acquisition of an inheritance).

Cite this passage

Justinian I, The Digest of Justinian §29.2.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.9.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.