Humanitext Reader

Justinian I · The Digest of Justinian §29.2.99.pr

Actions Granted when One Necessary Heir Accepts and Another Abstains

Passage 4502 of 9271 · Latin

Summary

Based on Aristo's report, in a case where two daughters became necessary heirs, it is recounted that the praetor Cassius rightly promised to grant useful hereditary actions to the one who accepted the inheritance, while denying them to the one who abstained.

[POMPONIUS libro primo senatus consultorum. ] §29.2.99.prAristo in decretis Frontianis ita refert: Cum duae filiae patri necessariae heredes exstitissent, altera se paterna abstinuerat hereditate, altera bona paterna uindicare totumque onus suscipere parata erat.
[POMPONIUS, from the first book of the Senate's Resolutions.] Aristo reports as follows in the decrees of Frontinus: When two daughters had become necessary heirs to their father, one of them had abstained from her father's inheritance, and the other was prepared to claim her father's property and to undertake the entire liability.
sanctum Cassium praetorem causa cognita actiones hereditarias utiles daturum recte pollicitum ei, quae ad hereditatem patris accesserat denegaturumque ei quae se abstinuerat.
The venerable praetor Cassius, after examining the case, rightly promised that he would grant useful hereditary actions to her who had entered upon the father's inheritance, and would deny them to her who had abstained.

Notes

  1. §29.2.99.prsanctum Cassium praetorem causa cognita actiones hereditarias utiles daturum recte pollicitum ei... — This is an indirect statement (accusative with infinitive construction) introduced by the main verb refert. The accusative sanctum Cassium praetorem serves as the subject accusative, with the perfect infinitive pollicitum [esse] (with esse omitted) as its verb. Furthermore, the future infinitives daturum [esse] and denegaturum [esse] are subordinate to pollicitum, forming their own infinitive clauses. The adverb recte modifies pollicitum.

Cite this passage

Justinian I, The Digest of Justinian §29.2.99.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.2.99.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.