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Justinian I · The Digest of Justinian §37.5.2.pr

Duty of an emancipated son to pay a legacy to his child

Passage 5751 of 9271 · Latin

Summary

Explains that if a son is emancipated while his wife is pregnant and then obtains possession of goods contrary to the will, he is obliged to pay the legacy to the newborn grandson.

[IULIANUS libro uicesimo tertio digestorum. ] §37.5.2.pret ideo si praegnate uxore filius emancipatus fuerit et bonorum possessionem contra tabulas acceperit, legatum nepoti praestare debebit.
[JULIANUS in the twenty-third book of the Digests]\n\nAnd therefore if, while his wife was pregnant, a son has been emancipated and has accepted the possession of goods contrary to the will, he will be obliged to pay the legacy to the grandson.

Notes

  1. §37.5.2.prpraegnate uxore — An ablative absolute construction consisting of the noun uxore and the adjective praegnate, meaning 'while his wife was pregnant.' The wife refers to the wife of the emancipated son, and the unborn child corresponds to the 'grandson' (nepos) from the perspective of the deceased (the grandfather).
  2. §37.5.2.prnepoti — Dative of recipient. The 'grandson' (nepos) here was still unborn (in utero) at the time of the grandfather's will or the son's emancipation. Since he falls under the category of a 'posthumous child' (postumus) born after the grandfather's death, the rule of payment stated in the preceding section (§37.5.1.3) applies.

Cite this passage

Justinian I, The Digest of Justinian §37.5.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.5.2.pr

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