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Justinian I · The Digest of Justinian §36.1.35.pr

Simultaneous Death of Sons and Succession by the Mother

Passage 5588 of 9271 · Latin

Summary

Explains that if a father wished to restore the last-deceased son's share to a relative and the brothers died simultaneously, the relative cannot inherit without proving who died last, and the mother inherits both under the Tertullian senatusconsult.

[IDEM libro secundo regularum. ] §36.1.35.prSi eius, qui nouissimus ex filiis mortuus est, partem hereditatis propinquo uoluit pater restitui et simul fratres diem suum obissent: propinquum, si non ostenderit quis nouissimus obisset, ad partem hereditatis non admitti, sed matrem ex Tertulliano senatus consulto ad utriusque hereditatem admitti constat.
[THE SAME, in the second book of his Rules.] If a father wished that the share of the inheritance of the one who died last of his sons be restored to a relative, and the brothers died at the same time: it is well established that the relative, if he does not prove who died last, is not admitted to the share of the inheritance, but the mother is admitted to the inheritance of both of them under the Tertullian senatusconsult.

Notes

  1. §36.1.35.prconstat — An impersonal verb that takes two accusative-with-infinitive (A.C.I.) clauses as its subject: 'propinquum ... non admitti' and 'sed matrem ... admitti'. The overall structure is 'it is well established that...'.
  2. §36.1.35.preius, qui nouissimus ex filiis mortuus est — The genitive pronoun 'eius' qualifies 'partem' (acting as a genitive of possession/description) and serves as the antecedent of the relative clause 'qui...'. It means 'the share of the one who died last among the sons'.
  3. §36.1.35.prsi non ostenderit quis nouissimus obisset — The subject of 'ostenderit' (future perfect) is the omitted 'propinquus' (identical with the subject of the A.C.I., 'propinquum'). The following clause 'quis nouissimus obisset' is an indirect question acting as the direct object of 'ostenderit'.

Cite this passage

Justinian I, The Digest of Justinian §36.1.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.1.35.pr

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