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Justinian I · The Digest of Justinian §37.4.7.pr

Possession by a Grandson in Power of Father's Estate

Passage 5735 of 9271 · Latin

Summary

Explains that if a grandson is retained in the grandfather's power while his father is emancipated, the grandson is admitted to the possession of his deceased father's goods even while the grandfather is still living.

[GAIUS libro quarto decimo ad edictum prouinciale. ] §37.4.7.prSi retentus fuerit in potestate nepos filio emancipato, admittitur nepos uiuo auo ad patris bonorum possessionem.
[GAIUS in the fourteenth book on the Provincial Edict.] If a grandson has been retained in power when his father was emancipated, the grandson is admitted to the possession of his father's goods while the grandfather is still living.

Notes

  1. §37.4.7.prfilio emancipato — Ablative absolute meaning "when the son has been emancipated". In this context, it refers to the situation where the grandfather emancipates his son but retains his grandson (the son's child) under his own paternal power (patria potestas).
  2. §37.4.7.pruiuo auo — Ablative absolute consisting of a noun and an adjective, meaning "while the grandfather is alive". Although normally a grandson under the power of his grandfather would not succeed his deceased father (the emancipated son) who died before the grandfather, the praetorian edict admits him to the possession of his father's goods (bonorum possessio) even during the grandfather's lifetime.

Cite this passage

Justinian I, The Digest of Justinian §37.4.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.4.7.pr

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