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Justinian I · The Digest of Justinian §29.2.92.pr

Invalidity of Acceptance by Order of a Father Not Paterfamilias

Passage 4495 of 9271 · Latin

Summary

A response of Paulus stating that if the children of a son under paternal authority accept an inheritance by the order of their father instead of their grandfather, the acceptance is void and no inheritance is acquired for the grandfather.

[IDEM libro septimo decimo responsorum. ]
[THE SAME, from the seventeenth book of Opinions.]\n\nA son under paternal authority married a wife; she died intestate, leaving children.
§29.2.92.prFilius familias duxit uxorem: ea filiis sublatis intestata decessit: filii iussu patris, non aui adierunt hereditatem: quaero, an auo adquisita sit hereditas.
The children entered upon the inheritance by the order of their father, not of their grandfather. I ask whether the inheritance was acquired for the grandfather.
Paulus respondit secundum ea quae proponuntur nihil actum esse.
Paulus answered that, according to the facts presented, nothing had been accomplished.

Notes

  1. §29.2.92.prfiliis sublatis — 'filiis sublatis' is an ablative absolute. The verb 'tollere' (literally 'to lift up') refers to the Roman custom of a father lifting up a newborn child to acknowledge them as his own, and by extension means 'to raise' or 'to rear' children. Here it indicates that she died after having acknowledged or raised children (leaving them behind).
  2. §29.2.92.prnihil actum esse — Accusative with infinitive clause functioning as the object of 'respondit', with 'nihil' as the subject and 'actum esse' as the passive perfect infinitive of 'agere'. In Roman legal terminology, 'nihil actum esse' means that no legal effect was produced (the act was void).
  3. §29.2.92.prauo — Dative with the verb 'adquirere' (to acquire), functioning as a dative of advantage or reference, indicating 'for the grandfather' or 'on behalf of the grandfather' as the acquiring party.

Cite this passage

Justinian I, The Digest of Justinian §29.2.92.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.92.pr

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