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Justinian I · The Digest of Justinian §34.9.7.pr

Right of Unsuccessful Challenger to Inherit from the Heir

Passage 5312 of 9271 · Latin

Summary

A person who unsuccessfully alleged that Titius's testament was forged is not barred from becoming the heir of Titius's heir, as this does not constitute direct succession to Titius's inheritance.

[MODESTINUS libro sexto differentiarum. ] §34.9.7.prQui Titii testamentum falsum dixit nec optinuit, heredi eius heres exsistere prohibendus non est, quia non principaliter in Titii hereditatem succedit.
[MODESTINUS, in the sixth book of Differences.] He who alleged that the testament of Titius was forged and did not succeed in his claim is not to be prohibited from becoming an heir to his heir, because he does not succeed to the inheritance of Titius directly.

Notes

  1. §34.9.7.prfalsum dixit — Meaning 'alleged to be forged'. The verb 'dico' here does not merely mean 'to say', but 'to assert or claim in a legal proceeding' that the testament is forged (falsum).
  2. §34.9.7.prheredi eius — Dative case, modifying 'heres exsistere' (to become an heir to him). The pronoun 'eius' refers back to Titius.
  3. §34.9.7.prprincipaliter — Adverb meaning 'directly' or 'principally'. It explains that because the person does not receive the inheritance directly from Titius, but only indirectly through Titius's heir, they do not suffer the penalty of unworthiness (indignitas) associated with groundless accusations of forgery.

Cite this passage

Justinian I, The Digest of Justinian §34.9.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.9.7.pr

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