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Justinian I · The Digest of Justinian §37.6.9.pr

Collatio by a Grandson on the Death of Grandfather and Father

Passage 5784 of 9271 · Latin

Summary

This section discusses the distribution of property and the obligation of contribution between a grandson retained in the family and his brother, first upon the death of the intestate grandfather, and subsequently upon the death of their emancipated father.

[IDEM libro quinto responsorum. ] §37.6.9.prFilius emancipatus intestati patris bonorum possessionem accepit.
[BY THE SAME AUTHOR, from the fifth book of Responses.] An emancipated son accepted the possession of the goods of an intestate father.
nepos ex eodem in familia retentus semissem hereditatis cum emolumento collationis habebit.
A grandson born from the same son and retained in the family shall have a half of the inheritance together with the benefit of the contribution.
idem nepos si postea possessionem intestati patris accipiat, fratri post emancipationem patris quaesito et in familia retento bona sua conferre cogetur.
If this same grandson should later accept the possession of the goods of his intestate father, he will be compelled to contribute his own property to a brother who was acquired after the emancipation of the father and retained in the family.

Notes

  1. §37.6.9.prex eodem — Refers to the immediately preceding filius emancipatus (the emancipated son), who is the father from the perspective of the grandson (nepos).
  2. §37.6.9.prsemissem — Means "a half" of the inheritance. This is because the emancipated son and his child (the grandson) who was retained in the grandfather's family divide the estate equally.
  3. §37.6.9.prpost emancipationem patris quaesito — The participle quaesito (acquired) here refers to a brother who was born or otherwise brought into the family status after the father's emancipation.

Cite this passage

Justinian I, The Digest of Justinian §37.6.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.6.9.pr

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