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Justinian I · The Digest of Justinian §34.9.4.pr

Accusing One Co-Heir and Legacies from Others

Passage 5309 of 9271 · Latin

Summary

Presents Papinian's view that if someone accuses only one co-heir of forgery, the legacy left to him by another co-heir whom he did not accuse is not forfeited.

[ULPIANUS libro quarto decimo ad edictum. ] §34.9.4.prPapinianus libro quinto quaestionum ait, si quis unum heredem, quasi per falsum adscriptum, accusauit, legatum ei non auferri a coherede relictum, quem non inquietauit.
[ULPIAN, in the fourteenth book on the Edict.] Papinian says in the fifth book of Questions that if anyone has accused one heir, as if he had been registered through forgery, the legacy left to him by a co-heir whom he did not disturb is not taken away from him.

Notes

  1. §34.9.4.prei — A dative of separation (dativus separationis) used with the verb `auferri`, meaning "from him." This pronoun refers back to the subject of the conditional clause, `quis` (the person who brought the accusation).
  2. §34.9.4.prlegatum ... relictum — The perfect participle `relictum` (left / bequeathed) modifies `legatum` (the legacy). The intervening phrase `a coherede` expresses the agent of `relictum` (by a co-heir).
  3. §34.9.4.prquem non inquietauit — The antecedent of the relative pronoun `quem` is `coherede`. The subject of the relative clause (the implicit third-person singular subject of the verb `inquietauit`) is the person who made the accusation (`quis`). The verb `inquietare` means to disturb or trouble someone, here by legal prosecution.

Cite this passage

Justinian I, The Digest of Justinian §34.9.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.9.4.pr

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