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Justinian I · The Digest of Justinian §30.1.89.pr

Inheritance Abstention by an Emancipated Son and Legacies

Passage 4685 of 9271 · Latin

Summary

Julianus argues that an emancipated son is not barred from claiming a legacy even after passing over the inheritance, explaining that the praetor, by allowing those in power to abstain, does not intend to prejudice their legal rights.

[IULIANUS libro trigesimo sexto digestorum. ] §30.1.89.prNam nec emancipatus hereditate omissa legatum ab herede petere prohibetur.
[JULIANUS, Digest, book 36.] For neither is an emancipated son forbidden to claim a legacy from the heir although he has passed over the inheritance.
praetor enim permittendo his, qui in potestate fuerint, abstinere se hereditate paterna manifestum facit ius se in persona eorum.
For the praetor, by permitting those who were in power to abstain from their father's inheritance, makes it clear that he [does not prejudice] the law in their person.

Notes

  1. 30.1.89.prhereditate omissa — Ablative absolute construction, with the implied subject being 'emancipated' (emancipatus). It has a concessive nuance, meaning 'although he has passed over' or 'abandoned' the inheritance.
  2. 30.1.89.prmanifestum facit ius se in persona eorum — This passage is suspected of having a textual lacuna (the omission of an infinitive verb). The accusative pronoun 'se' refers to the subject of the main clause, 'praetor', and it is widely understood that an infinitive taking 'ius' as its object (such as 'non mutare' or 'non laedere', meaning 'not to change' or 'not to prejudice') has been omitted. This explains the logic that the praetor, while allowing those in power to abstain from the inheritance, does not intend to prejudice their legal rights regarding legacies.

Cite this passage

Justinian I, The Digest of Justinian §30.1.89.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.89.pr

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