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Justinian I · The Digest of Justinian §38.12.1.pr

Testamentary Rights and Succession of Condemned Soldiers

Passage 6060 of 9271 · Latin

Summary

This section discusses the rule that even a soldier deserving of the death penalty is allowed to make a will, and that his property goes to his cognates if he is executed for a military offence without a will.

[MACER libro secundo de re militari. ] §38.12.1.prMiliti, qui capite puniri meruit, testamentum facere concedendum Paulus et Menander scribunt eiusque bona intestati, si punitus sit, ad cognatos eius pertinere, si tamen ex militari delicto, non ex communi punitus est.
[MACER, from the second book on Military Matters.] Paulus and Menander write that a soldier who has deserved to be punished with death should be allowed to make a will, and that, if he is executed, his property as of one who died intestate belongs to his cognates; provided, however, that he was punished for a military offence, and not for a common one.

Notes

  1. §38.12.1.prtestamentum facere concedendum — An accusative with infinitive (A.C.I.) construction depending on the main verb scribunt. The infinitive esse is omitted after concedendum. The infinitive phrase testamentum facere functions as the subject of this gerundive predicate, while Militi is the dative of agent or interest.
  2. §38.12.1.preiusque bona intestati — The word intestati is the genitive singular masculine of the adjective intestatus (intestate), agreeing with the pronoun eius (his). It means "his property as of one who died without a will."

Cite this passage

Justinian I, The Digest of Justinian §38.12.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.12.1.pr

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