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Justinian I · The Digest of Justinian §29.2.96.pr

Effect of Acting as Heir under Mistaken Belief of Minority

Passage 4499 of 9271 · Latin

Summary

A provision stating that if a person who acted as an heir falsely believed himself to be a ward, when he was in fact of age, this error does not prevent him from becoming the heir.

[HERMOGENIANUS libro tertio iuris epitomarum. ] §29.2.96.prQui se pupillum falso existimans, cum esset pubes, pro herede gessit, quo minus heres existat, nihil error talis ei nocebit.
[HERMOGENIANUS, from the third book of Epitomes of Law.] Where a person, falsely thinking himself to be a ward, when he was in fact of age, has acted as heir, such an error will do him no harm to prevent him from becoming heir.

Notes

  1. §29.2.96.prQui — The clause introduced by the relative pronoun qui (Qui... gessit) functions as the logical subject ("He who..."), but because the grammatical subject of the main clause is error talis (such an error) and the person is referred to by the dative pronoun ei (to him), this forms an anacoluthon where the nominative Qui clause is grammatically left hanging.
  2. §29.2.96.prquo minus heres existat — A quominus clause with the subjunctive existat. Dependent on the negative expression nihil... nocebit ("will do no harm", equivalent to a verb of hindering), it functions as a noun clause denoting what is prevented, meaning "to prevent him from becoming/standing as heir."

Cite this passage

Justinian I, The Digest of Justinian §29.2.96.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.96.pr

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