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Justinian I · The Digest of Justinian §37.5.7.pr

Protection of Appointed Heirs up to a Virile Portion

Passage 5756 of 9271 · Latin

Summary

It explains that, according to a constitution of the divine Pius, parents and children who are appointed as heirs are protected up to a virile portion, after the example of legacies, so that they do not receive more than the person who obtained possession of goods contrary to the will.

[TRYPHONINUS libro sexto decimo disputationum. ] §37.5.7.prNam secundum constitutionem diui Pii ad Tuscium Fuscianum Numidiae legatum placuit parentes et liberos heredes quoque institutos tueri usque ad partem uirilem exemplo legatorum, ne plus haberent ex institutione tales personae, quam ad eum peruenturum esset, qui contra tabulas bonorum possessionem accepit.
[TRYPHONINUS libro sexto decimo disputationum.] For according to the constitution of the divine Pius addressed to Tuscius Fuscianus, the legate of Numidia, it was decided that parents and children who were also appointed heirs should be protected up to a virile portion, after the example of legacies, so that such persons should not have more from their appointment than what would come to him who received possession of goods contrary to the will.

Notes

  1. §37.5.7.prplacuit — An impersonal verb whose grammatical subject is the accusative and infinitive clause parentes et liberos ... tueri. Here it means 'it was decided' as a matter of imperial constitution.
  2. §37.5.7.prpartem uirilem — A legal idiom meaning 'a virile portion', referring to an equal individual share obtained by dividing the inheritance equally among the eligible persons.
  3. §37.5.7.prexemplo legatorum — Composed of the ablative exemplo (after the example of) and the genitive legatorum (of legacies), meaning 'after the example of legacies' or 'just as in the case of legacies'.
  4. §37.5.7.prheredes quoque institutos — A participial phrase modifying parentes et liberos. quoque (also) indicates the situation where these parents and children are not merely legatees, but are also appointed as 'heirs' (heredes) in the will.

Cite this passage

Justinian I, The Digest of Justinian §37.5.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.5.7.pr

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