Humanitext Reader

Justinian I · The Digest of Justinian §30.1.87.pr

Right to Claim Legacies by a Son Who Refuses Inheritance

Passage 4683 of 9271 · Latin

Summary

Papinian determines that if a father appoints his son (under his power) as both heir and legatee, the son's refusal to accept the inheritance does not deprive him of the right to claim the legacy.

[PAPINIANUS libro octauo decimo quaestionum. ] §30.1.87.prFilio pater, quem in potestate retinuit, heredi pro parte instituto legatum quoque relinquit.
[PAPINIANUS, Questions, book 18.] A father leaves a legacy also to his son, whom he has retained under his paternal power and who has been appointed as heir for a part.
durissima sententia est existimantium denegandum ei legati petitionem, si patris abstinuerit hereditate: non enim impugnatur iudicium ab eo, qui iustis rationibus noluit negotiis hereditariis implicari.
It is an extremely harsh opinion of those who think that the petition for the legacy should be denied to him if he has abstained from his father's inheritance; for the decision of the testator is not contested by one who, for just reasons, did not wish to be entangled in the business of the inheritance.

Notes

  1. 30.1.87.prexistimantium — Genitive plural masculine of the present participle 'existimans', used substantively to mean 'of those who think'. It functions as a possessive (or subjective) genitive modifying 'sententia'.
  2. 30.1.87.prabstinuerit — Future perfect (or perfect subjunctive). The verb 'abstinere' combined with the ablative 'hereditate' refers to the legal act of abstaining from an inheritance (ius abstinendi), which allows a family member to avoid liability for the estate's debts.
  3. 30.1.87.priudicium — Here, it does not mean 'judgment' or 'trial' in a judicial sense, but rather the 'decision' or 'testamentary disposition' of the testator. Thus, 'impugnatur iudicium' refers to contesting the testator's intent.

Cite this passage

Justinian I, The Digest of Justinian §30.1.87.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.87.pr

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