[PAULUS libro quadragensimo primo ad edictum. ] §37.9.2.prSed et si cum ediderit qui repulsus est, discedere debet.
[PAULUS on the Edict, book 41] But also, if when she has given birth, the one [born] is excluded, she must depart [from possession].
Justinian I · The Digest of Justinian §37.9.2.pr
Departure from Possession Upon Birth of Excluded Child
Summary
Rules that in the possession of property on behalf of the womb, if the child born is found to be excluded from succession, the woman must depart from the possession.
Notes
- 37.9.2.prediderit — The third-person singular future perfect (or perfect subjunctive) of the verb edere (to give birth), with the subject mulier (the woman) omitted from the preceding context.
- 37.9.2.prqui repulsus est — The antecedent of the relative pronoun qui (such as the pronoun is referring to the newborn child) is omitted. repulsus refers to being rejected or excluded (from succession, e.g., by a will).
- 37.9.2.prdiscedere debet — The subject of discedere (to depart) is not the newborn child, but the woman (mother) who had been granted possession on behalf of the womb; since the child has no right of succession, the legal basis for her possession ceases, and she is obliged to vacate.
Cite this passage
Justinian I, The Digest of Justinian §37.9.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.9.2.pr
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