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Justinian I · The Digest of Justinian §37.7.6.pr

Undutiful Wills and Collation by Emancipated Sons

Passage 5793 of 9271 · Latin

Summary

In a case where a father instituted his emancipated son as heir and disinherited his daughter, who subsequently recovered half of the estate through an action on an undutiful will, the son is not required to collate his own property, and even the testamentary grants of freedom are held to take effect.

[PAPINIANUS libro sexto responsorum. ] §37.7.6.prPater filium emancipatum heredem instituit et filiam exheredauit, quae inofficiosi lite perlata partem dimidiam hereditatis abstulit.
[PAPINIANUS, Opinions, Book VI.] A father instituted his emancipated son as heir and disinherited his daughter; the latter, having carried through a lawsuit regarding an undutiful will, recovered half of the inheritance.
non esse fratrem bona propria conferre cogendum respondi: nam et libertates competere placuit:
I replied that the brother should not be compelled to collate his own property; for it was held that even the grants of freedom took effect.

Notes

  1. §37.7.6.prinofficiosi lite perlata — The word 'inofficiosi' is a genitive used substantively (or modifying an implied noun), short for 'querela inofficiosi testamenti' (complaint of an undutiful will). 'inofficiosi lite perlata' forms an ablative absolute where 'perlata' is the perfect passive participle of 'perfero' (to carry through, complete), meaning 'having carried through a lawsuit regarding an undutiful will.'
  2. §37.7.6.prnon esse fratrem bona propria conferre cogendum respondi — An accusative-with-infinitive construction dependent on 'respondi' ('I replied'). 'fratrem' is the subject accusative of the infinitive. 'cogendum (esse)' is the passive periphrastic infinitive expressing obligation. 'conferre' is the complementary infinitive depending on 'cogendum', with 'bona propria' as its direct object.
  3. §37.7.6.prlibertates competere placuit — 'placuit' is an impersonal verb meaning 'it was decided/held' and takes the accusative and infinitive construction 'libertates competere'. 'competere' here means 'to be valid' or 'to take effect'. 'et' functions adverbially as 'even' or 'also', emphasizing 'libertates'. This refers to the jurisprudential rule that testamentary grants of freedom (libertates) remain valid even if the main part of the will is partially set aside.

Cite this passage

Justinian I, The Digest of Justinian §37.7.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.7.6.pr

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