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Justinian I · The Digest of Justinian §29.7.9.pr

Codicils Made in Ignorance of Status and the Veteran Exception

Passage 4585 of 9271 · Latin

Summary

Aristo argues that codicils made by a person who did not know whether they were a pater familias are invalid, but Ulpian notes an exception for veterans, whose wills would also be valid in such a case.

[MARCELLUS libro nono digestorum. ] §29.7.9.prAristo negauit ualere codicillos ab eo factos, qui pater familias nec ne esset, ignorasset.
[MARCELLUS, in his ninth book of the Digests.] Aristo denied that codicils made by a person who was ignorant of whether or not he was a father of a family were valid.
ULPIANUS notat: nisi ueteranus fuit: tunc enim et testamentum ualebit.
ULPIANUS notes: unless he was a veteran; for in that case, the will also will be valid.

Notes

  1. §29.7.9.prignorasset — A contracted form of the pluperfect subjunctive ignoravisset. It is used in the relative clause (qui...) characterizing the person within the indirect speech introduced by negauit, following the sequence of past tenses.
  2. §29.7.9.prpater familias nec ne esset — An indirect question clause serving as the object of ignorasset. The phrase nec ne means "or not". The imperfect subjunctive esset is used in accordance with the sequence of tenses after the past-tense main verb.
  3. §29.7.9.pret testamentum — The conjunction et functions adverbially here to mean "also" or "even", emphasizing testamentum ("the will also will be valid").

Cite this passage

Justinian I, The Digest of Justinian §29.7.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.7.9.pr

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