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Justinian I · The Digest of Justinian §38.16.10.pr

Exclusion of the Mother from Succession by the Father

Passage 6078 of 9271 · Latin

Summary

Discusses the exclusion of the mother of the deceased from the inheritance when there is a father (whether he is the manumissor or not).

[MODESTINUS libro sexto differentiarum. ] §38.16.10.prSi ad patrem manumissorem filii intestati legitima hereditas perueniat uel non manumissori bonorum possessio competat, mater defuncti summouetur.
[MODESTINUS, from the sixth book of Differences.] If the statutory inheritance of an intestate son comes to a father who is the manumissor, or if the possession of goods belongs to a father who is not the manumissor, the mother of the deceased is excluded.

Notes

  1. 38.16.10.prnon manumissori — From the preceding contrast with 'ad patrem manumissorem', the dative noun 'patri' is understood as omitted. In the process of emancipation, a natural father who becomes the 'manumissor' (emancipator) gains statutory inheritance rights under civil law, but even if he is not the manumissor, he may be entitled to the possession of goods (bonorum possessio) under praetorian law; in either case, he takes precedence over the mother, thereby excluding her.

Cite this passage

Justinian I, The Digest of Justinian §38.16.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.16.10.pr

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