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Justinian I · The Digest of Justinian §38.16.14.pr

Automatic Succession by Sui Heredes without Acceptance

Passage 6082 of 9271 · Latin

Summary

Explains that for own heirs, acceptance of the inheritance is not necessary, as they immediately become heirs by operation of law.

[IDEM libro tertio decimo ad legem Iuliam et Papiam. ] §38.16.14.prIn suis heredibus aditio non est necessaria, quia statim ipso iure heredes existunt.
[THE SAME, from the thirteenth book on the Julian and Papian Law.] In the case of own heirs, acceptance of the inheritance is not necessary, because they immediately become heirs by operation of law.

Notes

  1. §38.16.14.prIn suis heredibus — The preposition in with the ablative means "in the case of" or "with respect to," indicating the legal treatment applied to the class of own heirs (sui heredes).
  2. §38.16.14.praditio — A technical legal term abbreviated from aditio hereditatis (acceptance of an inheritance). Since own heirs become heirs automatically upon the death of the deceased, an explicit act of acceptance is not required.
  3. §38.16.14.pripso iure — An ablative phrase meaning "by the law itself" or "by operation of law." It indicates that a legal effect occurs directly by virtue of a legal rule, without the need for any specific act by the party or judicial decree.
  4. §38.16.14.prheredes existunt — The verb existere here does not merely mean "to exist" but is used with the nominative complement heredes to mean "to emerge as" or "to become" heirs.

Cite this passage

Justinian I, The Digest of Justinian §38.16.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.16.14.pr

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