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Justinian I · The Digest of Justinian §34.9.24.pr

Challenging a Will on Legal Grounds and Retaining Inheritance

Passage 5329 of 9271 · Latin

Summary

It explains that a son who merely disputed his father's lawful will on a point of law does not lose the benefits of the will, as he did not attack the judgment of the testator itself.

[PAPINIANUS libro octauo decimo quaestionum. ] §34.9.24.prSi testamentum patris iure factum filius negauit, quoniam de iure disputauit, non iudicium impugnauit aut accusanit, retinet defuncti uoluntatem.
[PAPINIANUS, From the Eighteenth Book of Questions] If a son has denied his father's will which was lawfully made, since he disputed on a point of law, and did not impugn or accuse the judgment of the testator, he retains the will of the deceased.

Notes

  1. §34.9.24.priudicium — Here, it refers not to a "trial" but to the "judgment" or "discretionary decision" of the testator. In contrast with de iure disputauit (disputed on a point of law), it indicates that the son did not attack or accuse the father's decision itself as wrongful.
  2. §34.9.24.prdefuncti uoluntatem — "Retaining the will of the deceased" means that the person who disputed the will is not subject to the forfeiture of the benefits under the will (indignitas) as a penalty for acting against the deceased's wishes, but preserves the benefits (such as legacies) granted by the will.

Cite this passage

Justinian I, The Digest of Justinian §34.9.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.9.24.pr

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