Humanitext Reader

Justinian I · The Digest of Justinian §37.10.9.pr

Possession Priority of an Acknowledged Ward

Passage 5825 of 9271 · Latin

Summary

Neratius comments on Labeo's view, explaining that a ward acknowledged by the father during his lifetime has a stronger claim regarding possession of property than one who only began to claim sonship after the father's death.

[NERATIUS libro sexto membranarum. ] §37.10.9.prQuod Labeo scribit, quotiens suppositus esse dicitur pupillus, cum quo de patris eius hereditate controuersia est, curare praetorem debere, ut is in possessione sit: de eo puto eum uelle intellegi, qui post mortem patris familiae, qui se sine liberis decedere credidit, filius eius esse dici coepit: nam eius, qui adgnitus est ab eo, de cuius bonis quaeritur, iustior in ea re causa est quam postumi.
[NERATIUS libro sexto membranarum.] Regarding what Labeo writes, that whenever a ward, with whom there is a dispute over his father's inheritance, is said to be supposititious, the praetor ought to see to it that he is in possession: I think he wants this to be understood of a person who, after the death of a paterfamilias who believed himself to die without children, began to be said to be his son. For the position in this matter of one who was acknowledged by the person whose property is in question is more justified than that of a posthumous child.

Notes

  1. §37.10.9.prQuod Labeo scribit — The introductory `Quod` clause is a relative clause pre-identifying `de eo` in the main clause, functioning as 'As to what Labeo writes... [I think he wants this to be understood] of him who...'
  2. §37.10.9.preius, qui adgnitus est — The genitive pronoun `eius` is dependent on `causa` (case, position) modified by the comparative `iustior`, and is compared with the genitive `postumi` (of a posthumous child).

Cite this passage

Justinian I, The Digest of Justinian §37.10.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.10.9.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.