Humanitext Reader

Justinian I · The Digest of Justinian §29.2.90.pr-29.2.90.1

Inheritance via Curators and Succession to Military Peculium

Passage 4493 of 9271 · Latin

Summary

This section discusses the impossibility of acquiring an inheritance through a curator, and the acquisition and change in legal nature of a father's estate (formerly castrense peculium) when entered upon by a grandson under his grandfather's order.

[PAULUS libro duodecimo responsorum. ] §29.2.90.prRespondit per curatorem hereditatem adquiri non posse.
[PAULUS, from the twelfth book of Opinions.] He answered that an inheritance cannot be acquired through a curator.
§29.2.90.1Idem respondit, si iussu aui nepos patris, qui de castrensi peculio testamentum fecit, hereditatem adisset, adquisisse ei ea de quibus pater testari potest, quia castrensia esse mutatione personae desierint.
He also answered that if, by the order of the grandfather, a grandson of a father who had made a will concerning his castrense peculium should enter upon the inheritance, he has acquired for him (the grandfather) those things which the father was able to dispose of by will, because by the change of person they ceased to be castrensia.

Notes

  1. §29.2.90.1ei — The pronoun 'ei' (for him) refers to the grandfather (aui) who gave the order (dative of advantage). In Roman law, when an alieni iuris person (here, the grandson) enters upon an inheritance by the order of the paterfamilias (here, the grandfather), the benefits of the acquisition accrue to the paterfamilias.
  2. §29.2.90.1castrensia esse — The word 'castrensia' is a neuter plural accusative functioning as the complement of 'esse' with 'desierint', predicatively describing 'ea'. It indicates that through the death of the father and the transfer of the estate (mutatione personae), the property ceased to enjoy the privileged status of 'castrense peculium' (military peculiar property).

Cite this passage

Justinian I, The Digest of Justinian §29.2.90.pr-29.2.90.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.90.pr-29.2.90.1

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.