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Justinian I · The Digest of Justinian §37.8.5.pr

Exclusion from Joinder of a Disinherited Grandson

Passage 5802 of 9271 · Latin

Summary

It regulates that if a disinherited grandson becomes the heir of a person appointed as heir by the grandfather, and subsequently the emancipated father claims possession of goods against the will, the grandson cannot be joined with the father but is excluded.

[IDEM libro sexto differentiarum. ] §37.8.5.prSi nepos exheredatus heres extiterit ei, quem auus heredem fecerat, deinde pater eius emancipatus testamento praeteritus accipiat contra tabulas patris bonorum possessionem, iungi patri suo nepos non poterit, sed ut extraneus excludetur, quia non suo nomine auo heres extiterit.
[THE SAME in the sixth book of Differences.] If a disinherited grandson has become the heir to one whom his grandfather had appointed as heir, and then his emancipated father, who was passed over in the will, should receive the possession of goods against the tablets of his father's will, the grandson cannot be joined with his father, but will be excluded as a stranger, because he did not become the heir to his grandfather in his own name.

Notes

  1. 37.8.5.prei, quem auus heredem fecerat — ei is the dative object governed by heres extiterit, modified by the relative clause quem auus heredem fecerat. This indicates a multi-tiered succession where the grandson does not succeed the grandfather directly, but rather succeeds the person whom the grandfather had appointed as heir.
  2. 37.8.5.prcontra tabulas — contra tabulas is a prepositional phrase modifying bonorum possessionem, referring to the legal institution of "possession of goods against the tablets of the will" (bonorum possessio contra tabulas), which is claimed by a statutory heir passed over in the will.
  3. 37.8.5.priungi patri suo — iungi is the present passive infinitive. It discusses whether, when the emancipated father claims possession of goods against the will, his child can "be joined" (iungi) or aggregated with him to claim or calculate their shares of the inheritance.

Cite this passage

Justinian I, The Digest of Justinian §37.8.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.8.5.pr

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