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Justinian I · The Digest of Justinian §34.5.6.pr

Institution of a Posthumous Child and Named Person as Co-heirs

Passage 5270 of 9271 · Latin

Summary

It adds the hypothetical case where the testator appointed both "you" and a "posthumous child" as co-heirs for their respective shares, or made similar legacies or fideicommissa.

[MAECIANUS libro tertio fideicommissorum. ] §34.5.6.pruel ex parte te et ex parte postumum heredem instituisset legatumue similiter uel fideicommissum dedisset,
[MAECIANUS, in the third book on Fideicommissa.] or if he had appointed you heir for a part and the posthumous child for a part, or had in like manner given a legacy or a fideicommissum,

Notes

  1. §34.5.6.prinstituisset — Third-person singular pluperfect subjunctive. It continues the conditional context introduced by 'si' (if) in the preceding Gaius fragment (D. 34.5.5.1). The subject is omitted but refers to the testator. The pluperfect subjunctive represents a past hypothetical condition ("if he had appointed").
  2. §34.5.6.prex parte — Meaning "in part" or "for a share". Here it refers to a portion of the inheritance (pars hereditatis), meaning that they are appointed as co-heirs for specific fractional shares rather than the whole.

Cite this passage

Justinian I, The Digest of Justinian §34.5.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.5.6.pr

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