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Justinian I · The Digest of Justinian §34.9.15.pr

Rights of Heir Failing in Forgery Claim of Codicil

Passage 5320 of 9271 · Latin

Summary

This text explains that an heir who unsuccessfully challenged a codicil as forged does not lose their inheritance, but their rights under that codicil are denied, and their benefit under the Falcidian law is restricted depending on the value of the lost portions.

[IDEM libro sexto responsorum. ] §34.9.15.prHeredi, qui falsos codicillos esse dixit neque optinuit, hereditas non aufertur: si tamen aliquid a coherede codicillis acceperit, eius actio denegabitur.
[THE SAME, in the sixth book of Responses.] An inheritance is not taken away from an heir who asserted that a codicil was forged but did not succeed in proving it; however, if he was to receive anything from a co-heir under the codicil, his action to claim it will be denied.
itaque si bonorum inter heredes diuisionem defunctus codicillis fecerit, partes quidem hereditarias, in quibus legatum consistere non potuit, tenebit, sed Falcidiae beneficio non utetur, si tantum in amissis portionibus erit, quod Falcidiam aequitate compensationis recusaret.
Therefore, if the deceased made a division of the property among the heirs by a codicil, the heir will indeed retain his hereditary shares, in which a legacy could not consist, but he will not enjoy the benefit of the Falcidian law, if there is so much in the lost portions as would, by the equity of compensation, exclude the Falcidian law.

Notes

  1. §34.9.15.prHeredi — Dative of separation (or dative of disadvantage) used in connection with the verb aufertur (is taken away), meaning "from the heir."
  2. §34.9.15.prpartes ... tenebit — The accusative phrase partes hereditarias, accompanied by quidem, is the direct object of tenebit. The relative clause in quibus legatum consistere non potuit modifies partes. This refers to the legal principle that a division of property by codicil could not constitute a legacy, meaning he retains them as direct hereditary shares.
  3. §34.9.15.prsi tantum in amissis portionibus erit, quod — The word tantum is the subject of the conditional clause, and the quod clause (with subjunctive imperfect recusaret) indicates a restrictive consequence (such that...). The 'amissae portiones' (lost portions) refer to the benefits under the codicil that the heir lost because his action was denied. Under the 'equity of compensation' (aequitas compensationis), if this lost amount is equivalent to or exceeds what he would gain by the Falcidian law, he is barred from claiming the benefit of that law.

Cite this passage

Justinian I, The Digest of Justinian §34.9.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.9.15.pr

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