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Justinian I · The Digest of Justinian §29.4.23.pr

Legacies and Dowry When Heirs Choose Intestate Possession

Passage 4537 of 9271 · Latin

Summary

Discusses the obligation to pay legacies and the exemption from contribution of dowry when the instituted children bypass the will and obtain possession under intestacy, in a situation where an emancipated brother was passed over.

[ULPIANUS libro quadragesimo sexto ad edictum. ] §29.4.23.prSi filius qui mansit in patris potestate, item filia heredes instituti praeterito fratre emancipato, qui contra tabulas accipere possessionem potuit, ut intestati patris possessionem acceperint, legata omnibus praestabunt nec filia dotem suam fratri conferet, cum ut scripta uideatur hereditatem habere.
[ULPIANUS, in the forty-sixth book on the Edict.] If a son who remained under the father's power, and likewise a daughter, having been instituted as heirs, an emancipated brother, who could have received possession contrary to the will, having been passed over, so that they have accepted the possession of the estate of the intestate father, they shall discharge the legacies to everyone, and the daughter shall not contribute her dowry to her brother, since she is deemed to hold the inheritance as if she were a designated heir.

Notes

  1. §29.4.23.prut intestati patris possessionem acceperint — The subjunctive perfect acceperint, introduced by ut, expresses the result or consequence under the condition introduced by Si. It indicates that as a result of bypassing the will, they applied for and received the possession of the estate as an intestate inheritance (bonorum possessio ab intestato).
  2. §29.4.23.prcum ut scripta uideatur — Here cum expresses cause ('since') and ut expresses comparison/manner ('as if' or 'as'). scripta is an ellipsis for heres scripta (an instituted or designated heir). It indicates a legal fiction: although she actually obtained possession under intestacy, she is deemed (uideatur) to hold it as an instituted heir for the purpose of both the legacy obligations and the exemption from the contribution of dowry (collatio dotis).

Cite this passage

Justinian I, The Digest of Justinian §29.4.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.4.23.pr

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