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Justinian I · The Digest of Justinian §3.2.25.pr-3.2.25.1

Duty of Mourning for Disinherited Children and the Fallen

Passage 483 of 9271 · Latin

Summary

Papinian states that even a disinherited child, or a child who does not inherit from their mother, must observe mourning for their parents, and that mourning must be held for those who die in battle even if their bodies are missing.

[PAPINIANUS libro secundo quaestionum. ] §3.2.25.prExheredatum quoque filium luctum habere patris memoriae placuit, idemque et in matre iuris est, cuius hereditas ad filium non pertinet.
[PAPINIANUS, in his Second Book of Questions.] It has been decided that even a disinherited son must observe mourning for the memory of his father, and the same rule of law applies in the case of a mother whose inheritance does not go to her son.
§3.2.25.1Si quis in bello ceciderit, etsi corpus eius non conpareat, lugebitur.
If anyone falls in battle, even if his body cannot be found, he shall be mourned.

Notes

  1. §3.2.25.prplacuit — Used impersonally to mean "it has been decided" or "it is established by law." The accusative with infinitive clause at the beginning (Exheredatum quoque filium luctum habere) serves as its subject.
  2. §3.2.25.prpatris memoriae — memoriae is a dative governed by luctum habere ("to observe mourning"), meaning "for the memory of." patris is a possessive genitive modifying memoriae.
  3. §3.2.25.pridemque et in matre iuris est — iuris is a partitive genitive dependent on the neuter pronoun idem. Literally "and the same of law exists also in the case of a mother," meaning "and the same rule of law applies to a mother."
  4. §3.2.25.1lugebitur — The third-person singular future passive of the verb lugeo ("to mourn"), used here impersonally. It means "mourning shall be observed (for him)" or "he shall be mourned."

Cite this passage

Justinian I, The Digest of Justinian §3.2.25.pr-3.2.25.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.25.pr-3.2.25.1

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