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Justinian I · The Digest of Justinian §29.2.93.pr-29.2.93.2

Certainty of Knowledge and Inheriting by Mute Persons

Passage 4496 of 9271 · Latin

Summary

This passage rules on the requirement of certainty for a father commanding his son to enter an inheritance, and the validity of gestures or acts by mute fathers, masters, or slaves regarding inheritance.

[IDEM libro tertio sententiarum. ] §29.2.93.prPater quotiens filio mandat adire, certus esse debet, an pro parte an ex asse, et an ex institutione an ex substitutione, et an testamento an ab intestato filius suus heres existat.
[THE SAME, from the third book of Opinions.] Whenever a father commands his son to enter upon an inheritance, he must be certain whether his son is heir for a part or for the whole, and whether by institution or by substitution, and whether under a will or on intestacy.
§29.2.93.1Mutus pater uel dominus filio uel seruo heredibus institutis magis est, ut, si intellectu non careat, nutu iubere possit adire hereditatem, ut ei iure eius commodum quaeri possit: quod facile explicari possit scientia litterarum.
Where a son or a slave is appointed heir, it is more correct that a mute father or master, if he does not lack understanding, can command by a nod to enter upon the inheritance, so that the benefit may be acquired for him by his right; and this can easily be demonstrated by the knowledge of writing.
§29.2.93.2Mutus seruus iussu domini pro herede gerendo obligat dominum hereditati.
A mute slave, by acting as heir under the command of his master, binds his master to the inheritance.

Notes

  1. §29.2.93.prexistat — Subjunctive present. It serves as the predicate verb in the indirect question clauses introduced by 'an... an...' depending on the adjective 'certus'.
  2. §29.2.93.1magis est, ut — An impersonal expression often used in juristic discussions, meaning 'it is more correct that' or 'it is preferable that', followed by a subjunctive clause (here, 'possit').
  3. §29.2.93.2pro herede gerendo — A gerund in the ablative. In Roman law, it refers to the informal and tacit entry upon an inheritance by acting as an heir (pro herede gerere), as opposed to formal oral declaration (cretio).

Cite this passage

Justinian I, The Digest of Justinian §29.2.93.pr-29.2.93.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.93.pr-29.2.93.2

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