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Justinian I · The Digest of Justinian §29.4.5.pr

Patron Waiving Improper Appointment as Heir

Passage 4519 of 9271 · Latin

Summary

Marcellus states that if a freedman designates his patron as heir in a manner other than what is legally required, the patron is excused if he bypasses the inheritance. He adds that the same applies if the patron's slave was instituted to the whole estate but was unable to enter upon it.

[MARCELLUS libro duodecimo digestorum. ] §29.4.5.prExcusatus uidetur patronus, qui institutionem praetermisit, cum aliter esset a liberto scriptus heres quam eum institui oportet: nam et si seruus eius ex asse institutus fuerit et per quemcumque casum non potuerit iussu domini adire hereditatem, impune praetermittet ex testamento hereditatem.
[MARCELLUS, book twelve of the Digests] A patron is deemed to be excused who has bypassed the institution, when he was designated as heir by his freedman in a manner other than that in which he ought to have been instituted; for even if his slave has been instituted as heir to the entire estate and, through any circumstance whatsoever, has not been able to enter upon the inheritance by the order of his master, he will bypass the inheritance under the will with impunity.

Notes

  1. §29.4.5.prcum aliter esset a liberto scriptus heres quam eum institui oportet — cum is a conjunction indicating circumstance or cause, taking the subjunctive passive esset scriptus (inverted word order of scriptus esset). aliter ... quam forms a comparative construction meaning "otherwise than," with the clause following quam containing an accusative and infinitive construction eum institui ("that he be instituted") governed by the impersonal verb oportet.
  2. §29.4.5.prex asse — The phrase ex asse is an idiomatic expression derived from the Roman unit of inheritance division as (meaning twelve-twelfths, i.e., the whole), signifying here being instituted as the sole heir to the entire estate.
  3. §29.4.5.prpotuerit — Both fuerit (in institutus fuerit) and potuerit in the conditional si clause are in the future perfect indicative (or perfect subjunctive), denoting a future event that must be completed prior to the action of the main verb in the future tense (praetermittet).

Cite this passage

Justinian I, The Digest of Justinian §29.4.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.4.5.pr

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