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Justinian I · The Digest of Justinian §30.1.88.pr

Tacit Condition of Inheritance Acceptance for Legacies

Passage 4684 of 9271 · Latin

Summary

Marcianus presents Aristo's opinion that if a father intended a legacy for his son only on the condition that he accept the inheritance, the son who rejects the inheritance cannot claim the legacy, even if this condition was not explicitly written, provided the intent is clearly proven.

[MARCIANUS libro sexto institutionum. ] §30.1.88.prSed si non alias uoluit pater habere eum legatum, nisi hereditatem retineat, tunc neque aduersus coheredem dandam ei legati petitionem secundum Aristonis sententiam constat, cum ipsi filio non uideretur esse soluendo hereditas: et hoc ita est, licet non condicionaliter expressisset, intellexisse tamen manifestissime adprobetur.
[MARCIANUS, Institutes, book 6.]\n\n But if the father did not wish him to have the legacy otherwise than if he retained the inheritance, then it is established according to Aristo's opinion that the petition for the legacy is not to be granted to him against his co-heir, even though the inheritance did not seem to the son himself to be solvent; and this is so, although he had not expressed it conditionally, provided it is proved most clearly that he had so intended.

Notes

  1. 30.1.88.prsoluendo — Dative of purpose or fitness of the gerundive. The phrase 'esse soluendo' is a legal idiom meaning 'to be solvent'. Here it forms part of a concessive cum-clause: 'even though the inheritance did not seem to the son himself to be solvent'.
  2. 30.1.88.printellexisse — Perfect infinitive of the verb 'intellegere'. Here it is used not in the sense of 'to understand' but rather 'to intend' or 'to mean' in the context of making a will. The subject accusative 'eum' (referring to 'pater') is omitted.

Cite this passage

Justinian I, The Digest of Justinian §30.1.88.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.88.pr

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