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Justinian I · The Digest of Justinian §36.1.73.pr

Compulsory Acceptance During Deliberation and Restitution

Passage 5627 of 9271 · Latin

Summary

On the mechanism where an heir in deliberation is compelled to enter upon the inheritance at the request of an interested party acting at their own risk, and how the heir can either enjoy the benefits or be discharged from liability by restoring the inheritance after the deliberation period.

[MAECIANUS libro decimo fideicommissorum. ] §36.1.73.prOmnes qui de hereditate deliberant desiderante eo, qui suo periculo uelit adiri hereditatem, coguntur adire, sed non statim restituere, sed ut completo tempore deliberationis, si expedire sibi compererint hereditatem, sentiant commodum testamenti eo iure, quo si sponte adissent, sin uero contra onerosam crediderint, restituta ea exonerentur actionibus hereditariis.
[MAECIANUS, On Trusts, Book 10] All persons who are deliberating about an inheritance are compelled to enter upon it at the request of one who wishes the inheritance to be entered upon at his own risk, but not to restore it immediately, but so that, when the period of deliberation is completed, if they find the inheritance to be advantageous to them, they may enjoy the benefit of the testament by the same right as if they had entered upon it voluntarily; but if, on the contrary, they believe it to be burdensome, they may, upon restoring it, be discharged from hereditary actions.

Notes

  1. 36.1.73.prdesiderante eo — The pronoun eo is the antecedent of the relative pronoun qui and forms an ablative absolute construction with the present participle desiderante.
  2. 36.1.73.pradiri — The present passive infinitive of adeo (to enter upon an inheritance), forming an accusative-with-infinitive construction with hereditatem as its subject, which serves as the object of uelit.
  3. 36.1.73.preo iure, quo si — An abbreviation of eo iure, quo [iure uterentur] si..., meaning 'by the same right as [they would enjoy] if...', followed by the conditional clause si sponte adissent.
  4. 36.1.73.pronerosam — A feminine accusative singular adjective, where the subject and infinitive hereditatem esse are omitted in the accusative-with-infinitive construction acting as the object of crediderint.

Cite this passage

Justinian I, The Digest of Justinian §36.1.73.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.1.73.pr

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