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Justinian I · The Digest of Justinian §29.4.21.pr

Father's Liability After Repudiating Son's Will

Passage 4535 of 9271 · Latin

Summary

If a father sets aside his son's mother's will and petitions for the possession of goods in the son's name, he is liable to actions for legacies just as if he himself had been appointed heir and had accepted the possession of goods on intestacy.

[IULIANUS libro uicesimo septimo digestorum. ] §29.4.21.prSi filius meus a matre sua heres scriptus fuerit et ego testamenti causa omissa bonorum possessionem eiusdem filii nomine petiero, actio legatorum in me dari debebit non secus ac si ipse heres scriptus omissa causa testamenti bonorum possessionem ab intestato accepissem.
[JULIANUS in the twenty-seventh book of the Digests.] If my son has been appointed heir by his mother, and I, having set aside the cause of the will, petition for the possession of goods in the name of the same son, an action for legacies ought to be granted against me, just as if I myself, having been appointed heir, had set aside the cause of the will and accepted the possession of goods on intestacy.

Notes

  1. §29.4.21.preiusdem filii nomine — Refers to the paterfamilias petitioning for the possession of goods (bonorum possessio) on behalf of or in the capacity of his son (filius familias) who is under his power, where 'nomine' means 'in the name of' or 'on behalf of'.
  2. §29.4.21.prnon secus ac si ... accepissem — A comparative construction meaning 'just as if'. The clause introduced by 'ac si' uses the subjunctive pluperfect 'accepissem' to express a hypothetical situation contrary to the actual facts (as if the speaker himself had been appointed heir, rejected the inheritance under the will, and accepted the possession of goods on intestacy).

Cite this passage

Justinian I, The Digest of Justinian §29.4.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.4.21.pr

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